[HISTORY: Adopted by the Albany County Legislature as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-29-2008 by L.L. No. 4-2008]
The purpose of this article is to protect the public interest, welfare, health and safety within the County of Albany by prohibiting the service to and consumption of alcoholic beverages and drugs by persons under the age of 21 at premises located in Albany County. Although the New York State Legislature has acted to proscribe the unlawful giving, selling and possessing of alcohol in relation to minors, it has not regulated the situation where a person over the age of 18 knowingly permits the consumption of alcohol by a minor in his/her home. The Albany County Legislature finds that the occurrence of social gatherings at premises 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 Albany County Legislature further finds that persons under the age of 21 often obtain alcoholic beverages or drugs at such gatherings and that persons who are in control of such premises know or have reason to know of such service and/or consumption. This article will serve to deter the consumption of alcoholic beverages and drugs by minors by holding those over the age of 18 responsible when they permit the consumption of alcoholic beverages and/or drugs by minors at premises under their control.
Whenever used in this article, unless a different meaning is stated in a definition applicable to only a portion of this article, the following terms will be defined and shall have meanings set forth below:
ALCOHOLIC BEVERAGE
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 Subsection 12 of § 200 of the Agriculture and Markets Law shall not be considered alcoholic beverages within the meaning of this section.
CONTROL
The authority and ability to regulate, direct or dominate.
DRUG
Includes any substance listed in Public Health Law § 3306.
KNOWINGLY
Shall have the same definition and meaning as that contained in New York State Penal Law § 15.05.
MINOR
Any person under the age of 21.
OPEN HOUSE PARTY
A social gathering at a premises or other private or public property with minors present.
PERSON
A human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
PREMISES
Any home, apartment, condominium, cooperative unit or other dwelling unit of any kind and public or private property, including yards and open areas adjacent thereto.
No person having control of any premises shall knowingly host, suffer, permit, organize or allow an open house party to take place at said premises where three or more minors are present and any alcoholic beverage or drug is being unlawfully possessed, served to or consumed by a minor at said premises.
The provisions of this article shall not apply to:
A. 
The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to New York State Alcohol Beverage Control Law § 65-c, or any other applicable law; or
B. 
The possession or consumption of a drug for which the individual has a current, valid prescription or is otherwise permitted by any other applicable law; or
C. 
Any open house party in any municipality in Albany County which has in place a local law, ordinance or regulation prohibiting the service to and consumption of alcoholic beverages and/or drugs by persons under the age of 21 at a premises.
If any part or provision of this article is inconsistent with any Federal or State statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
This article shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Albany. The Albany County Legislature may determine via resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.
Failure to comply with § 106-3 above shall constitute a violation, punishable by a fine which shall not exceed $500, or imprisonment not exceeding 15 days, or a combination of such fine and imprisonment, as shall be fixed by the court.
The provisions of § 106-3 of this article shall not in any way affect the application of any other law, where appropriate, including, but not limited to, New York Penal Law § 260.10, Endangering the Welfare of a Minor, and § 260.20(2), Unlawfully Dealing with a Child.