[HISTORY: Adopted by the Common Council of the City of Cortland as indicated in article histories. Amendments noted where applicable.]
Curfew — See Ch. 113.
[Adopted 12-3-2013 by L.L. No. 2-2014]
It is the purpose of this article to protect the public interest, welfare, health and safety within the City of Cortland 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 City of Cortland. The City Council 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 public welfare, health and safety. The City Council finds further 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 to nor consumed by persons under the age of 21 at these gatherings.
For the purpose of this article, the following terms shall be defined as follows:
- ALCOHOLIC BEVERAGES
- 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 Subdivision 12 of § 200 of the Agricultural and Markets Law shall not be considered alcoholic beverages within the meaning of this section.
- The authority and ability to regulate, direct or dominate.
- Includes any substance listed in § 3306 of the Public Health Law.
- Any person under the age of 21.
- OPEN HOUSE PARTY
- A social gathering or otherwise, at a residence or other private property with minors present.
- A human being and, where appropriate, a public or private corporation, an unincorporated association, partnership, a government or a governmental instrumentality.
- Any home, apartment, condominium, cooperative unit or dwelling unit of any kind, including yards and open areas adjacent thereto.
No person having control of any residence 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 article shall not apply to:
The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to § 65-c of the New York State Alcoholic Beverage Control Law, or any other applicable law; or
The possession or consumption of a drug for which the individual has a current, valid prescription or as otherwise permitted by other applicable law.
If any part or provision of this article is inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
If any part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by a court or 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 section or the application thereof to other persons or circumstances.
Failure to comply with Subsection C above shall constitute a violation, punishable by a fine of $250 or imprisonment for 15 days. For each and every subsequent occurrence, failure to comply with Subsection C above shall constitute a violation punishable by a fine of $250 and imprisonment for 15 days.