It is the intent of the Board of Trustees of
the Incorporated Village of Northport, as an exercise of its police
power, to promote the general health, safety and welfare of the residents
of the Village by enacting this chapter, since it is the finding of
the Board of Trustees that the consumption of alcoholic beverages
by underage persons is a significant problem that is detrimental to
the health, safety and welfare of the residents of the Village where
a person over the age of 18 consents to or knowingly permits the consumption
of alcohol by a person under the age of 21 in his/her home. To permit
such underage drinking in a private residence or locale, whether at
a party or small gathering, poses an immediate threat to the Village,
often contributing to the development of unsafe conditions, alcohol
abuse by persons under the age of 21, driving under the influence
of alcohol, the creation of nuisances, including but not limited to
raucous or other disorderly behavior, accidental injuries, neighborhood
vandalism, and the commission of violent crimes. This chapter specifically
serves to deter those persons over the age of 18 from serving and/or
consenting to or permitting the consumption of alcoholic beverages
by persons under the age of 21 on private premises or public premises
used for private purposes.
For the purpose of this chapter, the following
terms shall have the meanings indicated. All other words shall have
the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits,
wine or beer and capable of being consumed by a human being.
ADULT
Any person over the age of 18.
CONSENT
Includes serving, condoning, allowing, providing, facilitating,
and/or tolerating.
KNOWINGLY
Aware of, having reason to be aware of, or should be aware
of the consumption of alcohol by a person under the age of 21.
LOCALE
Includes any publicly or privately owned space, location
or setting.
PERMIT
To knowingly approve, authorize, enable or tolerate. Permission
is presumed to have been given unless the contrary is established
by a preponderance of the evidence. Being out of town shall not necessarily
be accepted as an excuse.
PRIVATE SETTING
Includes a residence, a party hall, location, venue, locale
or private use of a public space and/or private space whether inside
or outside, and whether or not owned by the occupier.
RESIDENCE
Includes any home, apartment, condominium, cooperative unit
or other dwelling unit of any kind, including yards and open areas
adjacent thereto.
VILLAGE
The Incorporated Village of Northport.
[Amended 4-19-2011 by L.L. No. 2-2011]
A violation of §
89-3 of this chapter shall constitute a violation and be punishable in the manner as follows:
C. Third and subsequent offenses shall constitute an
unclassified misdemeanor with penalties as follows: either $1,500
or a term of imprisonment not to exceed one year or both $1,500; and
a term of imprisonment not to exceed one year.
The provisions of this chapter shall not in
any way affect the application of any other law, where appropriate,
including but not limited to New York Penal Law § 260.10,
Endangering the welfare of a child, and § 260.20, Subdivision
2, Unlawfully dealing with a child in the first degree.
This chapter shall apply to all persons who
own, rent, supervise, or who are otherwise in control of private settings,
including private use of a public premises in the territorial limits
of the Incorporated Village of Northport, and shall not apply to any
person drinking an alcoholic beverage while operating a motor vehicle
upon any public highway within the Village in violation of § 1227
of the Vehicle and Traffic Law of the State of New York.