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:
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 chapter.
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, co-operative 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 $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 $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.
C. 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.