[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.