It is the purpose of this article to protect the public interest,
welfare, health and safety within the Town of Clarkstown by prohibiting
the services 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 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
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 under penalty of this article.
As used in this article, the following terms shall have the
meanings indicated:
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 confectionary containing alcohol
as provided in Subsection 12 of 200 Agriculture and Markets Law § 200
shall not be considered an alcoholic beverage within the meaning of
this section.
DRUG
Any substance listed in Section 3306 of the Public Health
Law.
GUARDIAN
A person who has qualified as a guardian of an underage person
pursuant to testamentary or court appointment.
HOST
To organize a gathering of two or more persons or to allow
the premises under one's control to be used with one's knowledge for
a gathering of two or more persons for personal, social, or business
interaction.
MINOR
Any person under the age of 21.
PERSON
A human being and, where appropriate, a public or private
corporation, an unincorporated association, a partnership, a government
or a governmental instrumentality.
PREMISES
Any home, apartment, condominium, cooperative unit or other
dwelling unit of any kind, including yards and open areas adjacent
thereto.
RELATIVE
An underage person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity.
No minor shall be in possession of alcoholic liquors, whether
in opened or closed containers or otherwise, within the Town of Clarkstown,
except when accompanied by or in the presence of his or her parent,
guardian or spouse who has attained the age required to possess alcoholic
liquors. These restrictions shall apply to both public and private
property.
No person shall host an event or gathering at which the host
knowingly allows alcoholic liquor to be consumed by or dispensed to
any minor unless said minor is accompanied by or in the presence of
his or her parent, guardian, or spouse who has attained the age required
to possess, consume or dispense alcoholic liquors. This restriction
shall apply to any event or gathering within the Town of Clarkstown,
whether conducted on public or private property.
The provisions of this section shall not apply to:
A. An underage person who consumes or possesses an alcoholic beverage
in connection with a religious observance, ceremony or rite, which
is authorized by a parent or guardian, or to an underage person who
consumes or possesses an alcoholic beverage in the presence of and
with the permission of a parent or guardian who has attained the legal
age to purchase and consume alcoholic beverages in the state.
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.
Person(s) who are in control of such premises know or have reason
to know that any alcoholic beverage or drug is being unlawfully possessed,
served to or consumed by a minor at said premises.
Any person violating any of the provisions of this article shall
be punished, upon conviction, by a fine of not more than $1,000 for
each violation. Each day that a violation of or failure to comply
with any provision of this chapter or any regulations promulgated
hereunder by the Town Board occurs shall constitute a separate and
distinct violation. Any person found guilty of a second offense of
any provision of this chapter within 18 months from the date of the
first conviction shall be punished by a fine of not less than $2,500
and not more than $5,000. Any person found guilty of a third offense
of any provision of this chapter within 18 months from the date of
the second conviction shall be punished by a fine of not less than
$5,000 and not more than $7,500.