[HISTORY: Adopted by the Legislature of the County of Monroe 3-11-2008
by L.L. No. 7-2008, approved 3-31-2008. Amendments noted
where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 211.
This chapter shall be known as the "Social Host Law to Deter the Consumption
of Alcohol by Minors.”
A.
This Legislature hereby finds and determines that, according
to nationwide statistics, nearly 50% of teenagers have attended parties where
the consumption of alcohol occurred, and where parents were present.
B.
This Legislature also finds and determines that the American
Medical Association has reported that one out of three teenagers said it was
easy to obtain alcohol from their own consenting parents, and on average they
obtained alcohol three times in any given six-month period.
C.
This Legislature further finds and determines that the Surgeon
General has stated that young people who start drinking before the age of
15 are five times more likely to develop alcohol-related problems later in
life.
D.
This Legislature finds that the underage consumption of alcohol,
whether at a large party or small gathering, poses a risk to the residents
of Monroe County, as minors who drink are more likely to engage in disruptive,
loud, or even violent behavior.
E.
The purpose of this chapter is to deter the consumption of alcohol
by minors by holding those over the age of 18 responsible when they permit
the consumption of alcohol by minors at their residences.
As used in this chapter, the following terms shall have the meanings
indicated:
Ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever
source or by whatever means produced.
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 by Subdivision 12
of § 200 of the New York State Agriculture and Markets Law shall
not be regarded as an alcoholic beverage within the meaning of this section.
Aware of the consumption of alcohol by a minor.
Any person under the age of 21.
Any home, apartment, condominium, cooperative unit or other dwelling
unit of any kind, including yards and open areas adjacent thereto.
A.
It shall be unlawful for any person over the age of 18 who owns,
rents, or otherwise controls a private residence to knowingly allow the consumption
of alcohol or alcoholic beverages by any minor on such premises or to fail
to take reasonable corrective action upon learning of the consumption of alcohol
or alcoholic beverages by any minor on such premises. Reasonable corrective
action shall include, but not be limited to:
(1)
Making a prompt demand that such minor either forfeit and refrain
from further consumption of the alcoholic beverages or depart from the premises;
and
A violation of § 378-4 of this chapter shall be punished as follows:
A.
First offense. Any person who violates § 378-4 of this chapter shall be guilty of a violation punishable by a fine not to exceed $250, where such violation constitutes the person’s first offense.
The provisions of § 378-4 of this chapter 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 Child, and § 260.20(2), Unlawfully Dealing with a Child.
This chapter shall apply to all actions occurring on or after the effective
date of this chapter.
If any clause, sentence, paragraph, subdivision, section, or part of
this chapter or the application thereof to any person, individual, corporation,
firm, partnership, entity, or circumstance shall be adjudged by any court
of competent jurisdiction to be invalid or unconstitutional, such order or
judgment shall not affect, impair, or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph, subdivision,
section, or part of this chapter, or in its application to the person, individual,
corporation, firm, partnership, entity, or circumstance directly involved
in the controversy in which such order or judgment shall be rendered.
