N.Y. PEN Law § 260.21

§ 260.21 Unlawfully dealing with a child in the second degree.\n A person is guilty of unlawfully dealing with a child in the second\ndegree when:\n 1. Being an owner, lessee, manager or employee of a place where\nalcoholic beverages are sold or given away, he permits a child less than\nsixteen years old to enter or remain in such place unless:\n (a) The child is accompanied by his parent, guardian or an adult\nauthorized by a parent or guardian; or\n (b) The entertainment or activity is being conducted for the benefit\nor under the auspices of a non-profit school, church or other\neducational or religious institution; or\n (c) Otherwise permitted by law to do so; or\n (d) The establishment is closed to the public for a specified period\nof time to conduct an activity or entertainment, during which the child\nis in or remains in such establishment, and no alcoholic beverages are\nsold, served, given away or consumed at such establishment during such\nperiod. The state liquor authority shall be notified in writing by the\nlicensee of such establishment, of the intended closing of such\nestablishment, to conduct any such activity or entertainment, not less\nthan ten days prior to any such closing; or\n 2. He marks the body of a child less than eighteen years old with\nindelible ink or pigments by means of tattooing; or\n 3. He or she sells or causes to be sold tobacco in any form to a child\nless than twenty-one years old.\n It is no defense to a prosecution pursuant to subdivision three of\nthis section that the child acted as the agent or representative of\nanother person or that the defendant dealt with the child as such.\n Unlawfully dealing with a child in the second degree is a class B\nmisdemeanor.\n