Local Law Number 2 Of 2008 County Of Ulster A Local Law To Prohibit Consumption Of Alcoholic Beverages By Minors On Private Property (Underage Drinking Party Local Law)
BE IT ENACTED, by the Legislature of the County of Ulster, as follows:
SECTION 1. LEGISLATIVE INTENT. The purpose of this Local Law is to protect the public interest, welfare, health and safety within the County of Ulster by prohibiting the services to and consumption of alcoholic beverages and drugs by persons under the age of twenty- one (21) at private premises located in Ulster County. The Ulster County Legislature 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 twenty-one (21) is harmful to such persons themselves and a threat to public welfare, health and safety. The Ulster County Legislature finds further that persons under the age of twenty-one (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 twenty-one (21) at these gatherings.
SECTION 2. DEFINITIONS. Whenever used in this Local Law, unless a different meaning is stated in a definition applicable to only a portion of this Local Law, the following terms will be defined and shall have meanings set forth below:
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 Subsection 12 or 200 Agriculture and Markets Law shall not be considered alcoholic beverages within the meaning of this section.
CONTROL: The authority and ability to regulate, direct or dominate.
DRUG: Includes any substance listed in Section 3306 of the Public Health Law.
MINOR: Any person under the age of twenty-one (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, co-operative unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.
SECTION 3 PROHIBITION. 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.
SECTION 4. EXCEPTIONS. The provisions of this section shall not apply to: (a) The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to Section 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.
SECTION 5. INCONSISTENCY WITH OTHER LAWS. (a) If any part or provision of this section is inconsistent with any Federal or State statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
(b) If any part or provision of this Section 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 section, or the application thereof to other persons or circumstances.
SECTION 6. PENALTIES. Failure to comply with Section 3 above shall constitute a violation, punishable by a fine which shall not exceed two hundred fifty dollars ($250.00), or imprisonment not exceeding fifteen (15) days or a combination of such fine and imprisonment as shall be fixed by the court.
SECTION 7. EFFECTIVE DATE. This Local Law shall take effect immediately.
Adopted: February 19, 2008
Wednesday, May 18, 2011
Underage Drinking
BE SMART BE SAFE
May 18, 2011
Greetings:
It is that time of year when students in our county will be taking part in proms and graduations. Although it is justifiably a time of joy and celebration, it is equally one for caution and restraint. I am writing to enlist your assistance in helping to prevent the potentially tragic consequences of drinking and driving.
Alcohol is by far the most widely used drug among our youth and is directly associated with risk-taking behavior and other disinhibiting effects that increase the chance of unsafe conduct on their part. Unfortunately, in recent years, our county has experienced its tragic results.
On February 19, 2008, in an effort to combat drunk driving Ulster County passed ALocal Law Number 2 of 2008,@ * which, in pertinent part, provides that Ano 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 (under 21) at said residence.@ It defines Aopen house party@ as Aa social gathering at a residence or other private property with minors present.@
In addition, the Social Host Liability Act of the State of New York imposes civil liability upon any individual who knowingly serves or permits alcohol to be served to a minor if that minor causes injury to another as a result of his or her intoxication.
Furthermore, Section 260.20 of the Penal Law of the State of New York authorizes the prosecution of any individual who gives or sells or causes to be given or sold any alcoholic beverage to a person less than 21 years old.
I ask that if you permit the use of your home for a prom or event, you monitor the situation carefully to insure that minors in attendance do not imbibe alcoholic beverages.
Please help to make this graduation season a time of celebration. Help keep our children, our loved ones, and our county safe.
Sincerely,
D. Holley Carnright
District Attorney
* To view the entire Social Host Law go to the Ulster County District Attorney Website by clicking on co.ulster.ny.us and go to department/agencies/district attorney.
May 18, 2011
Greetings:
It is that time of year when students in our county will be taking part in proms and graduations. Although it is justifiably a time of joy and celebration, it is equally one for caution and restraint. I am writing to enlist your assistance in helping to prevent the potentially tragic consequences of drinking and driving.
Alcohol is by far the most widely used drug among our youth and is directly associated with risk-taking behavior and other disinhibiting effects that increase the chance of unsafe conduct on their part. Unfortunately, in recent years, our county has experienced its tragic results.
On February 19, 2008, in an effort to combat drunk driving Ulster County passed ALocal Law Number 2 of 2008,@ * which, in pertinent part, provides that Ano 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 (under 21) at said residence.@ It defines Aopen house party@ as Aa social gathering at a residence or other private property with minors present.@
In addition, the Social Host Liability Act of the State of New York imposes civil liability upon any individual who knowingly serves or permits alcohol to be served to a minor if that minor causes injury to another as a result of his or her intoxication.
Furthermore, Section 260.20 of the Penal Law of the State of New York authorizes the prosecution of any individual who gives or sells or causes to be given or sold any alcoholic beverage to a person less than 21 years old.
I ask that if you permit the use of your home for a prom or event, you monitor the situation carefully to insure that minors in attendance do not imbibe alcoholic beverages.
Please help to make this graduation season a time of celebration. Help keep our children, our loved ones, and our county safe.
Sincerely,
D. Holley Carnright
District Attorney
* To view the entire Social Host Law go to the Ulster County District Attorney Website by clicking on co.ulster.ny.us and go to department/agencies/district attorney.
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