[Adopted 4-7-2008 by L.L. No. 1-2008]
A.
This article is adopted pursuant to § 1-7 of the Code of the Village of Fort Edward, and the Municipal Home Rule Law of the State of New York, and the Village Law of the State of New York.
B.
The purpose of this article is to protect the public interest, welfare,
health and safety of the people within the Village of Fort Edward
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 Village. The Village Board of Trustees 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 the public welfare,
health and safety. The Village Board of Trustees further finds 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 nor consumed by persons under the age of 21 at
these gatherings.
For purposes 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 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 article.
Includes any substance listed in § 3306 of the
Public Health Law.
Aware of, or having reason to be 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 possession or consumption of any alcoholic beverage or drug on
or in said residence by any minor not related by blood to said person
over the age of 18 who owns, rents, or otherwise controls said residence.
B.
The provisions Subsection A of this section shall not apply to:
(1)
The possession or consumption of an alcoholic beverages 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
(2)
The possession or consumption of a drug for which the individual
has a current, valid prescription or as otherwise permitted by applicable
law.
A violation of § 111-8 of this article shall constitute an unclassified misdemeanor. Each first offense, and subsequent offense, shall be punished as follows:
A.
First offense. Any person who violates § 111-8 of this article shall be punished by a fine of $250, where such violation constitutes the person's first offense in violation of this article.
The provisions of § 111-9 of this article 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 minor) and § 260.20(2) (unlawfully dealing with a child).
