[Adopted 7-3-2007 by L.L. No. 1-2007]
As used in this article, the following terms
shall have the meanings indicated:
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 Agriculture
and Markets Law shall not be considered alcoholic beverage within
the meaning of this article.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
The authority and ability to regulate, direct or dominate.
Includes any substance listed in § 3306 of the
Public Health Law.
Any person under the age of 21.
A social gathering or otherwise, at a residence or other
private property with minors present.
A human being, and where appropriate, a public or private
corporation, an unincorporated association, a partnership, a government
or a governmental instrumentality.
Any public highway, street, parking lot, sidewalk, park or
recreation area owned or controlled by the Village or any other federal,
state or local governmental agency or subdivision, or any vacant lot,
parking area, landscaped area, buffer zone, front yard, side yard
or rear yard of any parcel zoned or used for other than residential
purposes.
[Amended 7-7-2020 by L.L. No. 3-2020]
A.
No person who owns or has control of any residence
in the Village shall allow an open house party to take place at said
residence if such person knows or has reason to know that any alcoholic
beverage or drug is being unlawfully possessed, served to, or consumed
by a minor at such residence.
B.
The provisions of this article shall not apply to:
(1)
The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to § 65-1 of the Alcoholic Beverage Control Law or any other applicable law; or
(2)
The possession or consumption of a drug for which
the person has a current, valid prescription, or as otherwise permitted
by applicable law.
C.
Any person in violation of this article shall be punished as follows:
(1)
First
offense. A fine of no less than $1,000 and no more than $2,500, a
period of imprisonment of up to 15 days, or a combination of both
fine and imprisonment.
(2)
Second
offense. A fine of no less than $1,500 and no more than $4,000, a
period of imprisonment of up to 15 days, or a combination of both
fine and imprisonment.
(3)
Third
and subsequent offenses. A fine of no less than $3,000 and no more
than $6,000, a period of imprisonment of up to 15 days, or a combination
of both fine and imprisonment.
