This chapter shall be known as the "Social Host Law to Deter the Consumption
of Alcohol by Minors.”
As used in this chapter, the following terms shall have the meanings
indicated:
ALCOHOL
Ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever
source or by whatever means produced.
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 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.
KNOWINGLY
Aware of the consumption of alcohol by a minor.
MINOR
Any person under the age of 21.
RESIDENCE
Any home, apartment, condominium, cooperative unit or other dwelling
unit of any kind, including yards and open areas adjacent thereto.
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.
B. Second offense. Any person who violates §
378-4 of this chapter shall be guilty of a violation punishable by a fine of not less than $250 nor more than $500, where such violation constitutes the person’s second offense.
C. Third and subsequent offenses. Any person who violates §
378-4 of this chapter shall be guilty of an unclassified misdemeanor punishable by a fine not to exceed $1,000, a term of imprisonment not to exceed one year, or both.
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.