[HISTORY: Adopted by the Town Board of the Town of Niskayuna 6-26-2007 by L.L. No. 7-2007. Amendments noted where applicable.]
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.
- The authority and ability to regulate, direct of dominate.
- Includes any substance listed in § 3306 of the Public Health Law.
- Any person under the age of 21.
- OPEN HOUSE PARTY
- A social gathering 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 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:
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
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.
If any part or provision of this chapter is inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision of or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter, or the application thereof to other persons or circumstances.
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.