It is the purpose of this chapter to protect the public interest, welfare,
health, and safety within the Town of Niskayuna by prohibiting the services
to and consumption of alcoholic beverages and drugs by persons under the age
of 21 at private premises located in the Town. The Town Board finds that the
occurrence of social gatherings at private premises where alcoholic beverages
or drugs are served to or consumed by persons under the age of 21 is harmful
to such persons themselves and a threat to public welfare, health, and safety.
The Town Board finds further that persons under the age of 21 often obtain
alcoholic beverages or drugs at such gatherings and that persons who are in
control of such premises know or have reason to know of such service and/or
consumption and will be more likely to ensure that alcoholic beverages and
drugs are neither served to nor consumed by persons under the age of 21 at
these gatherings.
When used in this chapter, the following terms shall have the meanings
indicated:
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 in Subdivision 12
of § 200 of the Agriculture and Markets Law shall not be considered
alcoholic beverage within the meaning of this chapter.
CONTROL
The authority and ability to regulate, direct of dominate.
DRUG
Includes any substance listed in § 3306 of the Public Health
Law.
MINOR
Any person under the age of 21.
OPEN HOUSE PARTY
A social gathering at a residence or other private property with
minors present.
PERSON
A human being and where appropriate, a public or private corporation,
an unincorporated association, a partnership, a government or a governmental
instrumentality.
PREMISES
Any home, apartment, condominium, cooperative unit or other dwelling
unit of any kind, including yards and open areas adjacent thereto.
No person having control of any premises 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 said residence.
The provisions of this chapter 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 State Alcohol Beverage Control Law, or any other applicable law;
or
B. The possession or consumption of a drug for which the
individual has a current, valid prescription or as otherwise permitted by
any other applicable law.
Failure to comply with §
202-3 above shall constitute a violation, punishable by a fine which shall not exceed $250, or imprisonment not exceeding 15 days or a combination of such fine and imprisonment as shall be fixed by the court.