New York Law (NYLE) Practice Exam

Is the bartender likely to face criminal prosecution for serving alcohol to Sally?

1. No, because it was reasonable to believe that Sally was 22

2. No, because the bartender lacked knowledge that Sally was under 21

3. Yes, because of the Dram Shop Act

4. Yes, because the bartender served an alcoholic beverage to a 19-year-old girl

The correct answer is: Yes, because the bartender served an alcoholic beverage to a 19-year-old girl

Serving alcohol to a person under the legal drinking age of 21 is a violation of New York's Alcoholic Beverage Control Law. The law is designed to prevent underage drinking, and bartenders have a responsibility to ensure they do not serve alcohol to individuals under this age. If Sally is identified as a 19-year-old, the bartender would indeed face potential criminal prosecution for knowingly serving her alcohol, as it directly violates this law. The context also highlights the strict liability nature of such laws—meaning that even if the bartender had not intended to break the law or believed they had acted appropriately, the act of serving alcohol to a minor can still result in criminal consequences. This underscores the importance of verifying the age of patrons, especially in establishments that serve alcohol. In this scenario, the bartender’s action facilitates an illegal act by serving alcohol to someone clearly underage, leading to the conclusion that prosecution is likely.