The Board of Trustees of the Village of Woodsburgh
finds that underage drinking is a significant societal problem that
has general widespread concern in the Village of Woodsburgh. 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 Woodsburgh,
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 section.
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, cooperative 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.