[Adopted 5-12-2008 by L.L. No. 2-2008]
The Dutchess County Legislature finds that underage drinking
is a significant societal problem that has generated widespread concern
in Dutchess County. 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 the situation where a
person over the age of 18 knowingly permits the consumption of alcohol
by a minor or in his or her home. The underage consumption of alcohol,
whether at a party or a smaller gathering, poses an immediate threat
to the public health, safety, and welfare to the residents of Dutchess
County, 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 article will serve to deter the consumption of alcoholic beverages
by minors by holding those over the age of 18 responsible when they
permit the consumption of alcoholic beverages by minors at their residences.
As used in this article, the following terms shall have the
meanings indicated:
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 kind of
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 confectionery 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 meaning of this section.
DWELLING
A building which is usually occupied, in whole or in part,
as a home, residence or sleeping place of one or more human beings
and is either owned, rented, leased, let or hired out to be occupied,
or is occupied, as a residence or home of one or more human beings.
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, owned, rented or controlled by the lessee or owner.
A violation of §
128-3 of this article shall be punishable as follows:
A. First offense. Any person who violates §
128-3 of this article shall be guilty of a violation punishable by a fine not to exceed $250, where such violation constitutes the person's first offense.
B. Second offense. Any person who violates §
128-3 of this article shall be guilty of a violation punishable by a fine of not less than $500, where such violation constitutes the person's second offense.
C. Third and subsequent offenses. Any person who violates §
128-3 of this article shall be guilty of an unclassified misdemeanor punishable by a fine not to exceed $1,000 and a term of imprisonment not to exceed one year, or both, where such violation constitutes the person's third or subsequent offense.
The provisions of §
128-3 of this article shall not in any way affect the application of any other law, where appropriate, including, but not limited to, New York Penal Law § 260.10, Endangering the Welfare of a Child, and § 260.20(2), Unlawfully Dealing with a Child.