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.