[HISTORY: Adopted by the County Legislature of the County
of Sullivan 12-20-2012 by L.L. No. 4-2012. Amendments noted where
applicable.]
GENERAL REFERENCES
Drugs and drug products — See Ch. 99.
This chapter shall be known as the "Social Host Law."
This legislature finds that underage drinking and drug use is
a significant societal problem that has generated widespread concern
in Sullivan County. Although the New York State Legislature has acted
to proscribe the unlawful giving, selling and possessing of alcohol
or drugs in relation to minors, it has not regulated the situation
where a person 18 years of age or older knowingly permits the consumption
of alcohol or drugs by a minor in his or her home or premises controlled
by him. The underage consumption of alcohol or drugs, whether at a
party or a smaller gathering, poses an immediate threat to the public
health, safety and welfare of the residents of Sullivan County, often
leading to alcohol and drug abuse by minors, physical altercations,
accidental injuries, neighborhood vandalism, excessive noise disturbances
requiring the intervention of local law enforcement and the commission
of violent crimes, including sexual offenses and serious assaults.
A recent survey conducted by the Recovery Center determined that the
average age of a child first using alcohol in Sullivan County is 13.2
years. In addition, the survey found that Sullivan County was above
the seven state norm in parental attitudes favorable towards alcohol,
tobacco and other drug use, a significant risk factor, in grades 10
and 11 and at the seven state norm for grades nine and 12; and that
Sullivan County youth are predominantly drinking at their home (30%)
or someone else's home (32%). A Prevention First NY and Sullivan
County Care Corps survey from June 2011 to January 2012 found that
93.7% of adult respondents in Sullivan County, ages 18 to 83, supported
a social host law. This chapter will serve to deter the consumption
of alcoholic beverages or drugs by minors by holding those 18 years
of age or older responsible and accountable when they permit the consumption
of alcoholic beverages or drugs by minors at premises under their
control.
For purposes of this chapter, the following terms shall be defined
as follows:
Ethyl alcohol, hydrated oxide of ethyl or spirits of wine,
from whatever source or by whatever means produced.
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 by Subdivision 12 of § 200 of the New York State
Agriculture and Markets Law shall not be regarded as an alcoholic
beverage within the meaning of this section.
The ability to exercise direction over; the authority to
regulate, direct or dominate.
Includes any substance listed in § 3306 of the
Public Health Law.
Aware of, or having reason to be aware of, the consumption
of alcohol by a minor.
Any person under the age of 21.
Any home, apartment, condominium, cooperative unit or other
dwelling unit of any kind and public and private property, including
yards and open areas adjacent thereto.
A.
It shall be unlawful for any person 18 years of age or older who
owns, rents, or otherwise controls premises, to knowingly allow the
consumption of alcohol or alcoholic beverages or drugs by any minor
on such premises.
B.
The provisions of Subsection A of this section shall not apply to:
(1)
The consumption of alcohol or alcoholic beverages by a minor whose
parent or guardian is present and has expressly permitted such consumption;
or
(2)
The use and consumption of alcohol or alcoholic beverages by a minor
for religious purposes; or
(3)
The possession or consumption of a drug for which the individual
has a current, valid prescription or it is otherwise permitted by
any other applicable law.
A violation of § 170-4 of this chapter shall be punished as follows:
A.
First offense. Failure to comply with § 170-4 of this chapter, for the first time, shall constitute a violation and be punishable by a fine of $500. The court shall also order the completion of an alcohol awareness program and/or an appropriate amount of community service not to exceed 30 hours.
B.
Second offense. Failure to comply with § 170-4 of this chapter by a person who has previously been found guilty of failing to comply with this chapter, shall constitute an unclassified misdemeanor punishable by either a fine of $1,000, and a term of imprisonment not to exceed one year in the Sullivan County Jail, or both such fine and imprisonment.
The provisions of § 170-4 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 minor) and § 260.20(2) (unlawfully dealing with a child).
This chapter shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
chapter, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Sullivan. The Sullivan County Legislature may determine
via resolution whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.
