The Common Council of the City of Oswego finds that underage
drinking is a significant societal problem that has generated widespread
concern in the City of Oswego. Although the State of New York 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 knowingly permits the consumption of alcohol by a minor
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 of the residents of the City of Oswego,
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 responsible when they permit the consumption of alcoholic
beverages by minors at their residences.
A.
It shall be unlawful for any person who owns, rents, or otherwise
controls a private residence to knowingly allow the consumption of
alcohol, alcoholic beverages or drugs by any minor on such premises
or to fail to take reasonable corrective action upon learning of the
consumption of alcohol, alcoholic beverages or drugs by any minor
on such premises. Reasonable corrective action shall include, but
not be limited to:
(1)
Making a prompt demand that such minor either forfeit and refrain
from further consumption of consumption of alcohol or drugs ot depart
from the premises; and
(2)
If such minor does not comply with such request, promptly reporting
such underage consumption of alcohol or drugs either to the local
law enforcement agency or to any other person having a greater degree
of authority over the conduct of such minor.
B.
The provisions of Subsection A of this section shall not apply to:
(1)
The consumption of alcohol or alcoholic beverages by a minor whose
parent or guardian is present and has expressly permitted such consumption;
(2)
The use and consumption of alcohol or alcoholic beverages by a minor
for religious purposes; or
(3)
The use and consumption of drugs by a minor that have been prescribed
by a licensed practitioner pursuant to New York State Public Health
Law and all other applicable rules and regulations, and are consumed
as directed by the prescription.
A.
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.
B.
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.
A violation of § 59-11 of this article shall be punished as follows:
A.
First offense: Any person who violates § 59-9 of this article shall be guilty of an unclassified misdemeanor punishable by a fine not to exceed $250.
This chapter shall apply to all actions occurring on or after
the effective date of this chapter.
