[Adopted 5-2-2000 by Ord. No. 11-2000]
It is the purpose of this article to regulate
and restrict the consumption and distribution of alcohol to minors.
[Adopted 3-20-2018 by Ord. No. 1-2018]
It is the purpose of this article to protect the public interest,
welfare, health and safety within the City of Oneonta 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
of Oneonta. The Common 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 Common 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.
For the purpose of this article, the following terms shall be
defined as follows:
ALCOHOLIC BEVERAGES
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 Agricultural
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 § 3306 of the
Public Health Law.
MINOR
Any person under the age of 21.
OPEN HOUSE PARTY
A social gathering or otherwise, at a residence or other
private property with minors present.
PERSON
A human being and, where appropriate, a public or private
corporation, an unincorporated association, partnership, a government
or a governmental instrumentality.
RESIDENCE
Any home, apartment, condominium, cooperative unit or 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 article 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 Alcoholic 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 other
applicable law.
Failure to comply with the provisions of this article shall
constitute a violation, punishable by a fine of $1,000 or imprisonment
for 15 days.