[HISTORY: Adopted by the Board of Trustees of the Village of Green Island 2-19-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 50.
The Board of Trustees of the Village of Green Island finds that parties on private property where alcohol is consumed by minors are harmful to the minors themselves and to the community where such parties are held; that police ability to arrest and charge the host of a party where alcohol is being consumed by minors on private property will result in a decrease in abuse of alcohol by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving public safety; that large parties, gatherings or events on private property where minors are consuming alcohol are determined to be a threat to the peace, health, safety, or general welfare of the public; and that police response to such parties, gatherings or events causes a drain of manpower and resources and, in some cases, leaves other areas of the Village with inadequate police protection.
The Village of Green Island finds and declares that the purpose of this chapter is:
To protect public health, safety and general welfare;
To enforce laws prohibiting the consumption of alcohol by minors; and
To reduce the costs of providing police services to parties, gatherings or events requiring a police response by requiring hosts of such parties, gatherings or events to ensure that minors are not consuming alcoholic beverages.
For purposes of this chapter, the following definitions apply:
- Ethyl alcohol, hydrated oxide of ethyl, or spirit of wine from whatever source or by whatever process produced.
- ALCOHOLIC BEVERAGE
- Means and includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, except that confectionary containing alcohol, as provided by Subdivision 12 of § 200 of the Agriculture and Markets Law, shall not be regarded as an alcoholic beverage within the meaning of this section.
- Means and includes any fermented beverages of any name or description manufactured from malt, wholly or in part, or from any substitute therefor.
- ENFORCEMENT SERVICES
- Includes the salaries and benefits of police officers or other code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, the party, gathering or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers or other code enforcement personnel; the cost of repairing any damaged Village equipment or property; and the cost arising from the use of any damaged Village equipment in responding to or remaining at the party, gathering or event.
- A person who, under court order, is the guardian of the person of a minor, or a public or private agency with whom the minor has been placed by the court.
- Any person under 21 years of age.
- Any person who is the natural parent, adoptive parent, or stepparent of a minor.
- PARTY, GATHERING or EVENT
- A group of persons who have assembled or are assembling for a social occasion or social activity.
Except as otherwise permitted by law, no person shall host, suffer, permit, organize, or allow a party, gathering or event at his or her place of residence or other private property, place or premises under his or her control where three or more minors are present and alcoholic beverages are being consumed by any minor.
This section does not apply to conduct between a minor child and his or her parent or guardian.
This section does not apply to any location or place regulated by the New York State Liquor Authority.
Any person violating this chapter shall, upon conviction, be guilty of a Class A misdemeanor punishable by up to one year in jail and/or a maximum fine of $1,000.
The Village of Green Island does not waive its right to seek reimbursement for actual costs of enforcement services associated with the enforcement of this chapter through other legal remedies or procedures. The provisions of §§ 51-3 and 51-4 hereof are in addition to any other statute, ordinance or law. Section 51-3 in no way limits the authority of police officers, peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by § 51-3, nor does it limit in any way the prosecution's ability to initiate and prosecute a criminal prosecution for any violation of the laws of the State of New York arising out of the same circumstances described in § 51-3.