[HISTORY: Adopted by the Common Council of the City of Gloversville
12-30-1969. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 198.
[Amended 6-4-1987]
No person shall have in his possession in the City of Gloversville any
open bottle or container or one upon which the seal has been broken containing
liquor, beer, wine or other alcoholic beverage with the intent to consume
the same while such person is on any public highway, public street, public
park, public parking area or in any vehicle on a public street or at a public
place, except those premises duly licensed for sale and consumption of alcoholic
beverages on the premises.
[Amended 6-4-1987]
An open bottle or open container or one upon which the seal has been
broken, in any vehicle, shall be presumptive evidence that the same is in
the possession of all the occupants thereof and in violation hereof.
[Amended 6-4-1987; 4-25-1995
by L.L. No. 4-1995; 12-26-2006 by L.L.
No. 4-2006]
Any person violating any of the above provisions 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.
[Added 12-26-2006 by L.L. No. 4-2006]
A.
Legislative intent. It is the purpose of this section
to protect the public interest, welfare, health and safety within the City
of Gloversville 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 City. The City Council 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 City Council 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.
B.
ALCOHOLIC BEVERAGE
CONTROL
DRUG
MINOR
OPEN HOUSE PARTY
PERSON
RESIDENCE
Definitions. For the purpose of this section, 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 confectionaries containing alcohol as provided in Subdivision
12 of § 200 of the Agriculture and Markets Law shall not be considered
alcoholic beverages within the meaning of this section.
The authority and ability to regulate, direct or dominate.
Includes any substance listed in § 3306 of the Public Health
Law.
Any person under the age of 21.
A social gathering or otherwise, at a residence or other private
property with minors present.
A human being and, where appropriate, a public or private corporation,
an unincorporated association, 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.
C.
Prohibition. 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.
D.
Exceptions. The provisions of this section shall not
apply to:
(1)
The possession or consumption of an alcoholic beverage
by persons lawfully permitted to do so pursuant to § 65-c of the
New York State Alcoholic Beverage Control Law, or any other applicable law;
or
(2)
The possession or consumption of a drug for which the
individual has a current, valid prescription or as otherwise permitted by
other applicable law.
E.
Inconsistency with other laws; severability.
(1)
If any part or provision of this section is inconsistent
with any federal or state statute, law, rule or regulation, then such statute,
law, rule or regulation shall prevail.
(2)
If any part or provision of this section or the application
thereof to any person or circumstance he adjudged invalid by a court or 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 section or the application thereof to other
persons or circumstances.
F.
Penalties for offenses. Failure to comply with Subsection C above shall constitute a violation, punishable by a fine of $250 or imprisonment for 15 days. For each and every subsequent occurrence, failure to comply with Subsection C above shall constitute a violation punishable by a fine of $250 and imprisonment for 15 days.
