[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Estates 2-19-2008 by L.L. No. 2-2008. Amendments noted where applicable.]
Editor's Note: This chapter also provided that its provisions shall not in any way affect the application of any other law, wherever appropriate, including but not limited to New York Penal Law § 260.10 (endangering the welfare of a minor) and Subdivision 2 of § 260.20 (unlawfully dealing with a child).
The Board of Trustees of the Village of Great Neck Estates finds that underage drinking is a significant societal problem that has general widespread concern in the Village of Great Neck Estates. 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 18 years of age or older 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 Great Neck Estates, 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 chapter is intended to deter the consumption of alcoholic beverages by minors by holding those 18 years of age or older responsible when they permit the consumption of alcoholic beverages by minors in violation of the provisions of this chapter.
As used in this chapter, unless the context clearly indicates otherwise, the following words shall have the following meanings:
- 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 chapter.
- Aware of, or having reason to be aware of, the consumption of alcohol by a minor.
- Any person under the age of 21.
- Any home, apartment, condominium, co-operative unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.
It shall be unlawful for any person 18 years of age or older who owns, rents or otherwise is in control of a private residence to knowingly allow the consumption of alcohol or alcoholic beverages by any minor on such premises or to fail to take reasonable corrective action upon learning of the consumption of alcohol or alcoholic beverages by any minor on such premises. Reasonable corrective action pursuant to this subsection shall include, but not be limited to:
Making a prompt demand that such minor either forfeit and refrain from further consumption of the alcoholic beverages or depart from the premises; and
If such minor does not comply with such request, either promptly reporting such underage consumption of alcohol to the local law enforcement agency or to any other person having a greater degree of authority over the conduct of such minor.
The provisions of Subsection A this section shall not apply to:
A violation of this chapter shall constitute an offense. Each first offense, and each subsequent offense, shall be punished as follows:
First offense. Any person who violates this chapter shall be punished by a fine not less $500 where such violation constitutes the person's first offense in violation of this chapter within a period of 12 months.
Second offense. Any person who violates this chapter shall be punished by a fine not less than $750 and not more than $1,000, where such violation constitutes the person's second offense in violation of this chapter within a period of 12 months.
Third and subsequent offenses. Any person who violates this chapter shall be punished by either a fine of at least $1,000 and not more than $1,500, 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.