[HISTORY: Adopted by the Town Board of the Town of Johnstown 6-18-2007 by L.L. No.
4-2007. Amendments noted where applicable.]
It is the purpose of this chapter to protect the public interest,
welfare, health and safety within the Town of Johnstown by prohibiting
the service to and consumption of alcoholic beverages and drugs by
persons under the age of 21 at private premises located in the Town.
The Town Board of the Town of Johnstown 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 Town Board of the Town of Johnstown 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 confectionaries containing alcohol
as provided in Subsection 12 of § 200 of the Agriculture
and Markets law shall not be considered alcoholic beverage within
the meaning of this chapter.
The authority and ability to regulate, direct of dominate.
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 is 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 § 60-3 above shall constitute a violation, punishable by a fine which shall not exceed $250 or imprisonment not exceeding 15 days or a combination of such fine and imprisonment as shall be fixed by the court.
