FROM: MICHAEL J. KAVANAGH
CHIEF ASSISTANT DISTRICT ATTORNEY
DATE: APRIL 8, 2019
SUBJECT: PRESS RELEASE-PROMS/GRADUATION
Michael J. Kavanagh,
Chief Assistant District Attorney of Ulster County, issued today the following
public service announcement:
We are fast approaching
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.
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,
along with much of the rest of the nation, has experienced its tragic results.
Under certain
circumstances, allowing property to be used in a manner where underage drinking
is taking place may constitute a crime. 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. A violation of this section is a class A misdemeanor,
punishable by up to one year in jail or a $1,000.00 fine, or both. There is a
similar section in the Alcohol Beverage Control Law of the State of New York,
also a misdemeanor.
In addition, on
February 19, 2008, the County of Ulster passed “Local Law Number 2 of 2008,”
which, in pertinent part, provides that “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.” It
defines “open house party” as “a social gathering at a residence or other
private property with minors present.” A violation of this law is punishable by
a fine not exceeding $250.00 or imprisonment not exceeding 15 days, or a
combination thereof. Furthermore, 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.
We are pleased that
a number of school districts in Ulster County have taken measures to prevent
drinking by students at school-related functions and to deter the consumption
of alcoholic beverages by individuals less than 21 years old. The
administration, faculty, and students of such districts are to be commended for
their creative initiatives to discourage alcohol and drug use by students.
And so we ask that
if you permit the use of your home for a prom, graduation, or other
school-related event, you monitor the situation carefully to insure that all
minors in attendance conduct themselves in a responsible and legal manner. In
addition, I ask that if your child is contemplating using a limousine service
to transport him or her to an event, you remind the owner/operator of such service
of their responsibility in insuring compliance with the laws governing underage
drinking.
As a result of the
efforts of the Ulster County District Attorney’s Office, the Law Enforcement
Agencies of our county, the Ulster County Underage Drinking Prevention Team,
and the STOP DWI Task Force, the dangers presented by underage drinking have
been identified and continue to be addressed. Any assistance you can render in
that regard will be greatly appreciated by all of us, and more importantly, may
save the life of one or more of our children.
Ulster County Website: www.co.ulster.ny.us
