[HISTORY: Adopted by the City Council of the City of Troy 8-2-2007
by Ord. No. 6. Amendments noted where applicable.]
It is the purpose of this chapter to protect the public interest, welfare,
health and safety within the City of Troy, New York, by prohibiting the services
to and consumption of alcoholic beverages and drugs by persons under the age
of 21 at private premises located in the City. Mayor Tutunjian and the City
Council finds that the occurrence of social gatherings at private 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 Mayor and the City Council finds further 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 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 chapter, 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 confectionary containing alcohol as provided in Subsection 12
or 200 Agriculture and Markets Law shall not be considered alcoholic beverage
within the meaning of this chapter.
The authority and ability to regulate, direct or dominate.
Means and includes any substance listed in § 3306 of the
Public Health Law.
Any person under the age of 21.
A social gathering at a residence or other private property with
minors present.
A human being and where appropriate, a public or private corporation,
an unincorporated association, a 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.
No person having control of any premises 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 chapter 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 Alcohol 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
any other applicable law.
A.
If any part or provision of this chapter 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 chapter or the application
thereof to any person or circumstance be adjudged invalid by a court of 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 chapter, or the application thereof to other
persons or circumstances.
Failure to comply with § 130-3 above shall constitute a violation, punishable by a fine which shall not exceed $1,000, or imprisonment not exceeding 15 days or a combination of such fine and imprisonment as shall be fixed by the court.
