Section 65-C. Unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of twenty-one years

1.  Except  as
  hereinafter  provided, no person under the age of twenty-one years shall
  possess any alcoholic beverage, as defined in  this  chapter,  with  the
  intent to consume such beverage.
    2.  A  person  under  the  age  of  twenty-one  years  may possess any
  alcoholic beverage with intent to consume if the alcoholic  beverage  is
  given:
    (a)  to  a  person  who  is  a  student  in  a  curriculum licensed or
  registered by the state education department and the student is required
  to taste or imbibe alcoholic beverages in courses which are  a  part  of
  the required curriculum, provided such alcoholic beverages are used only
  for  instructional  purposes  during  class  conducted  pursuant to such
  curriculum; or
    (b) to the person under twenty-one  years  of  age  by  that  person's
  parent or guardian.
    3.  Any  person  who  unlawfully  possesses an alcoholic beverage with
  intent to consume may be summoned before and examined by a court  having
  jurisdiction  of  that charge; provided, however, that nothing contained
  herein shall authorize, or be construed to authorize, a peace officer as
  defined in subdivision thirty-three of  section  1.20  of  the  criminal
  procedure  law or a police officer as defined in subdivision thirty-four
  of section 1.20 of such law to arrest a person who unlawfully  possesses
  an alcoholic beverage with intent to consume. If a determination is made
  sustaining  such  charge the court may impose a fine not exceeding fifty
  dollars and/or completion of an alcohol  awareness  program  established
  pursuant   to  section  19.25  of  the  mental  hygiene  law  and/or  an
  appropriate amount of community service not to exceed thirty hours.
    4. No such determination shall operate as a  disqualification  of  any
  such person subsequently to hold public office, public employment, or as
  a forfeiture of any right or privilege or to receive any license granted
  by  public authority; and no such person shall be denominated a criminal
  by reason of such determination, nor shall such determination be  deemed
  a conviction.
    5.  Whenever a peace officer as defined in subdivision thirty-three of
  section 1.20 of the criminal procedure law or police officer as  defined
  in subdivision thirty-four of section 1.20 of the criminal procedure law
  shall  observe  a  person  under  twenty-one  years  of  age  openly  in
  possession of an alcoholic beverage as defined in this chapter, with the
  intent to consume such beverage  in  violation  of  this  section,  said
  officer  may  seize the beverage, and shall deliver it to the custody of
  his or her department.
    6. Any alcoholic beverage seized  in  violation  of  this  section  is
  hereby  declared  a nuisance. The official to whom the beverage has been
  delivered shall, no earlier than three days following  the  return  date
  for  initial  appearance  on  the  summons,  dispose  of  or destroy the
  alcoholic beverage seized or cause it to be disposed  of  or  destroyed.
  Any person claiming ownership of an alcoholic beverage seized under this
  section  may,  on  the  initial return date of the summons or earlier on
  five days notice to the official or  department  in  possession  of  the
  beverage,  apply to the court for an order preventing the destruction or
  disposal of the alcoholic beverage seized and  ordering  the  return  of
  that  beverage.  The  court  may  order  the  beverage returned if it is
  determined that return of the beverage  would  be  in  the  interest  of
  justice or that the beverage was improperly seized.