[HISTORY: Adopted by the Board of Trustees of the Village of Hudson
Falls 5-14-2007 by L.L. No. 2-2007. Amendments
noted where applicable.]
It is the purpose of this chapter to protect the public interest, welfare,
health and safety within the Village of Hudson Falls by prohibiting the service
to and consumption of alcoholic beverages and drugs by persons under the age
of 21 at private residences located in the Village. The Village Board of Trustees
finds that the occurrence of social gatherings at private residences where
alcoholic beverages or drugs are served to or consumed by persons under the
age of 21 is harmful to such persons themselves and a threat to public welfare,
health and safety. The Board of Trustees finds further that persons under
the age of 21 often obtain alcoholic beverages or drugs at such gatherings
and that such persons who are in control of such residences know or have reason
to know of such service and/or consumption and will be more likely to ensure
that alcoholic beverages and drugs are neither served to nor consumed by persons
under the age of 21 at these gatherings.
For the purpose of this chapter, the following terms shall be defined
as follows:
Any liquor, wine, beer, spirits, cider or other liquid or solid,
patented or not, composed of or containing alcohol or spirits, whether or
not brewed, fermented or distilled, and capable of being consumed by a person;
except that confectionery containing alcohol as provided in Subdivision 12
of § 200 of the Agriculture and Markets Law shall not be considered
an alcoholic beverage within the meaning of this chapter.
The direct and immediate authority and ability to regulate, direct
or dominate private property, including but not limited to the control exercised
by tenants, lessees, owners and/or landlords who have notice of underage drinking
on the property.
Includes any substance listed in § 3306 of the Public Health
Law.
Any person under the age of 21.
A social gathering at a residence or other private property with
minors present.
A human being and, where appropriate, a public or private corporation,
an unincorporated association, a partnership, a government or a governmental
instrumentality.
Any home, apartment, condominium, cooperative unit or other dwelling
unit of any kind, including yards and open areas adjacent thereto.
No person having control of any residence shall allow an open house
party to take place at said residence if such person knows or has reason to
know that any alcoholic beverage or drug is being unlawfully possessed, served
to or consumed by a minor at said residence.
The provisions of this chapter shall not apply to:
A.
The possession or consumption of an alcoholic beverage
by persons lawfully permitted to do so pursuant to § 65-c of the
New York State Alcohol Beverage Control Law, or any other applicable law;
or
B.
The possession or consumption of a drug for which the
individual has a current, valid prescription or as otherwise permitted by
any other applicable law.
A.
If any part or provision of this chapter is inconsistent
with any federal or state statute, law, rule or regulation, then such statute,
law, rule or regulation shall prevail.
B.
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by a court of competent
jurisdiction, such judgment shall be confined in its operation to the part
or provision of or application directly involved in the controversy in which
such judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this chapter or the application thereof to other
persons or circumstances.
Any person violating any provision of this chapter may be punishable
by a fine of not less than $50 nor more than $250 or imprisonment for a period
not exceeding 15 days, or both.
