The Board of Trustees of the Village of Garden City finds that
underage drinking is a significant societal problem that has general
widespread concern in the Village of Garden City. Although the New
York State legislature has acted to proscribe the unlawful giving,
selling and possessing of alcohol in relation to minors, it has not
regulated situations in which a person over the age of 16 knowingly
permits the consumption of alcohol by a minor in his or her home.
The consumption of alcohol by underage persons, whether at a party
or a smaller gathering, poses an immediate threat to the public health,
safety and welfare of the residents of Garden City, often leading
to alcohol abuse by minors, physical altercations, accidental injuries,
neighborhood vandalism, excessive noise disturbances requiring the
intervention of local law enforcement and the commission of violent
crimes including sexual offenses and serious assaults. This local
law is intended to deter the consumption of alcoholic beverages by
minors by holding those over the age of 16 responsible when they permit
the consumption of alcoholic beverages by minors in violation of the
provisions of this law.
As used in this chapter, unless the context clearly indicates
otherwise, the following words shall have the following meanings:
ALCOHOL
Ethyl alcohol, hydrated oxide of ethyl or spirits of wine,
from whatever source or by whatever means produced.
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 by Subdivision 12 of § 200 of the New York State
Agriculture and Markets Law shall not be regarded as an alcoholic
beverage within the meaning of this section.
KNOWINGLY
Aware of, or having reason to be aware of, the consumption
of alcohol by a minor.
MINOR
Any person under the age of 21.
RESIDENCE
Any home, apartment, condominium, cooperative unit or other
dwelling unit of any kind, including yards and open areas adjacent
thereto.
A violation of this chapter shall constitute an offense. Each
first offense, and each subsequent offense, shall be punished as follows:
A. First offense. Any person who violates this chapter shall be punished
by a fine not less than $1,000 and not more than $1,500, where such
violation constitutes the person's first offense in violation
of this chapter within a period of 12 months.
B. Second offense. Any person who violates this chapter shall be punished
by a fine not less than $1,500 and not more than $2,750, where such
violation constitutes the person's second offense in violation
of this chapter within a period of 12 months.
C. Third and subsequent offenses. Any person who violates this chapter
shall be punished by either a fine of at least $2,750 and not more
than $3,500, a term of imprisonment not to exceed 15 days, or both
such fine and imprisonment, where such violation constitutes the person's
third or subsequent violation of this chapter within a period of 12
months.
In the event that any portion or portions of this chapter shall
be determined to be invalid or unenforceable for any reason, the remainder
of the chapter and its provisions shall remain in full force and effect.