Opn. No.

Stephen J. Wing, Esq. Dutchess County Attorney

You inquire whether sections 128 and 128-a of the Alcoholic Beverage Control Law apply to deputy sheriffs.

Section 128 provides that except as provided in section 128-a, it is unlawful for a member of a police department in the State to be either directly or indirectly interested in the manufacture or sale of alcoholic beverage or to offer for sale or recommend to any licensee any alcoholic beverage.

Section 128-a requires the State Liquor Authority to promulgate rules permitting a police officer employed in the State and having written consent from…