[HISTORY: Adopted by the Common Council of
the City of Oneonta as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Public conduct — See Ch. 220.
[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.
A.
Possession by persons under 21 prohibited. Except
as hereinafter provided, no person under the age of 21 years shall
possess any alcoholic beverage, as defined in this article, with the
intent to consume such beverage.
B.
Exceptions. A person under the age of 21 years may
possess any alcoholic beverage with intent to consume if the alcoholic
beverage is given:
(1)
To a person who is a student in a curriculum licensed
or registered by the State Education Department and the student is
required to taste or imbibe alcoholic beverages in courses which are
a part of the required curriculum, provided that such alcoholic beverages
are used only for instructional purposes during class conducted pursuant
to such curriculum.
(2)
To a person under 21 years of age by that person's
parent or guardian.
C.
Summons to court; penalties.
(1)
Any person who possesses an alcoholic beverage with
intent to consume may be summoned before and examined by a court having
jurisdiction of that charge; provided, however, that no contained
herein shall authorize, or be construed to authorize, a peace officer,
as defined in Subdivision 33 of § 1.20 of the Criminal Procedure
Law, or a police officer, as defined in Subdivision 34 of § 1.20
of such law, to arrest a person who unlawfully possesses an alcoholic
beverage with intent to consume. If a determination is made sustaining
such charge, the court may impose a fine not exceeding $50 and/or
completion of an alcohol awareness program established pursuant to
Paragraph six-a of Subdivision (a) of § 19.07 of the Mental
Hygiene Law and/or an appropriate amount of community service not
to exceed 30 hours.
(2)
No such determination shall operate as a disqualification
of any such person subsequently to hold public office or public employment
or as a forfeiture of any right or privilege or to receive any license
granted by public authority; and no such person shall be denominated
a criminal by reason of such determination, nor shall such determination
be deemed a conviction.
D.
Seizure of beverage; destruction or disposal.
(1)
Whenever a peace officer, as defined in Subdivision
33 of § 1.20 of the Criminal Procedure Law or a police officer,
as defined in Subdivision 34 of § 1.20 of the Criminal Procedure
Law shall observe a person under 21 years of age openly in possession
of an alcoholic beverage as defined in this article, with the intent
to consume such beverage in violation of this section, said officer
may seize the beverage and shall deliver it to the custody of his
or her department.
(2)
Any alcoholic beverage seized in violation of this
section is hereby declared a nuisance. The official to whom the beverage
has been delivered shall, no earlier than three days following the
return date for initial appearance on the summons, dispose of or destroy
the alcoholic beverage seized or cause it to be disposed of or destroyed.
Any person claiming ownership of an alcoholic beverage seized under
this section may, on the initial return date of the summons or earlier
on five days' notice to the official or department in possession of
the beverage, apply to the court for an order preventing the destruction
or disposal of the alcoholic beverage seized and ordering the return
of that beverage. The court may order the beverage returned if it
is determined that return of the beverage would be in the interest
of justice or that the beverage was improperly seized.
[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:
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.
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 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.
A.
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.
B.
If any part or provision of this article or the application thereof
to any person or circumstance be 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.
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.
