New York Law (NYLE) Practice Exam

The bartender is indeed likely to face criminal prosecution for serving alcohol to Sally, who is 19 years old. New York law prohibits the sale and service of alcoholic beverages to individuals under the age of 21. By serving alcohol to someone known to be under this legal drinking age, the bartender is violating this law, which establishes clear guidelines regarding the responsible service of alcohol.

Additionally, the Dram Shop Act in New York allows for civil liability for establishments that serve alcohol to minors or visibly intoxicated individuals. However, the basis for criminal prosecution stems directly from the act of serving alcohol to a minor, which is an offense under the law, exposing the bartender to potential criminal charges.

While options regarding the bartender's knowledge of Sally's age or the reasonableness of their belief about her age may seem relevant, they do not eliminate the underlying issue of serving an alcoholic beverage to someone clearly under the legal drinking age. Thus, the focus remains on the age of the individual served rather than the bartender's intent or belief.