The Town Board finds that the consumption of alcoholic beverages or drugs by minors poses a severe threat to the health, safety, welfare and quality of life of them as well as other residents within the Town of East Greenbush. It is therefore the intent of this article to deter such illegal consumption, reduce such a threat and protect youth and the community at large by holding adults accountable who knowingly contribute, either directly or indirectly, to such illegal consumption on premises under their control.
[Adopted 8-22-2008 by L.L. No. 3-2008 (Ch. 3, Art. II, of the 1991 Code)]
For the purpose of this article, the following definitions shall apply:
Any person 21 years of age or older.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 confectionery containing alcohol as provided in Subdivision 12 of § 200 of the New York Agriculture and Markets Law shall not be considered alcoholic beverage within the meaning of this article.
The authority and ability to regulate, direct or dominate.
Includes any substance listed in § 3306 of the New York Public Health Law.
Any person under the age of 18 years.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A human being and, where appropriate, other entities enumerated under Subdivision 7 of § 10 of the Penal Law.
Any real property, whether privately or publicly owned or whether improved or unimproved with building and/or other structures, located within the corporate limits of the Town of East Greenbush.
No adult having control of any premises shall facilitate or allow a minor to unlawfully possess, be served and/or consume any alcoholic beverage or drug at such premises if such adult has knowledge or reason to know that such unlawful activity is occurring or about to occur.
The provisions of this article shall not apply to:
A.
The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to § 65-c of the New York Alcohol Beverage Control Law, or any other applicable law; or
B.
The possession or consumption of a drug for which the person has a current, valid prescription or as otherwise permitted by other applicable law.
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, is adjudged invalid by a court of 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 article, or the application thereof to other persons or circumstances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Conviction pursuant to the provisions of § 31-8 hereinabove shall constitute a violation, punishable by a fine of $250 for a first offense. Conviction of a second offense shall be punishable by a fine of $500. Conviction of each and every subsequent offense shall be punishable by a fine of $1,000.