[HISTORY: Adopted by the Common Council of the City of Oneonta as indicated in article histories. Amendments noted where applicable.]
Public conduct — See Ch. 220.
[Adopted 5-2-2000 by Ord. No. 11-2000]
It is the purpose of this article to regulate and restrict the consumption and distribution of alcohol to minors.
Possession by persons under 21 prohibited. Except as hereinafter provided, no person under the age of 21 years shall possess any alcoholic beverage, as defined in this article, with the intent to consume such beverage.
Exceptions. A person under the age of 21 years may possess any alcoholic beverage with intent to consume if the alcoholic beverage is given:
To a person who is a student in a curriculum licensed or registered by the State Education Department and the student is required to taste or imbibe alcoholic beverages in courses which are a part of the required curriculum, provided that such alcoholic beverages are used only for instructional purposes during class conducted pursuant to such curriculum.
To a person under 21 years of age by that person's parent or guardian.
Summons to court; penalties.
Any person who possesses an alcoholic beverage with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that no contained herein shall authorize, or be construed to authorize, a peace officer, as defined in Subdivision 33 of § 1.20 of the Criminal Procedure Law, or a police officer, as defined in Subdivision 34 of § 1.20 of such law, to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume. If a determination is made sustaining such charge, the court may impose a fine not exceeding $50 and/or completion of an alcohol awareness program established pursuant to Paragraph six-a of Subdivision (a) of § 19.07 of the Mental Hygiene Law and/or an appropriate amount of community service not to exceed 30 hours.
No such determination shall operate as a disqualification of any such person subsequently to hold public office or public employment or as a forfeiture of any right or privilege or to receive any license granted by public authority; and no such person shall be denominated a criminal by reason of such determination, nor shall such determination be deemed a conviction.
Seizure of beverage; destruction or disposal.
Whenever a peace officer, as defined in Subdivision 33 of § 1.20 of the Criminal Procedure Law or a police officer, as defined in Subdivision 34 of § 1.20 of the Criminal Procedure Law shall observe a person under 21 years of age openly in possession of an alcoholic beverage as defined in this article, with the intent to consume such beverage in violation of this section, said officer may seize the beverage and shall deliver it to the custody of his or her department.
Any alcoholic beverage seized in violation of this section is hereby declared a nuisance. The official to whom the beverage has been delivered shall, no earlier than three days following the return date for initial appearance on the summons, dispose of or destroy the alcoholic beverage seized or cause it to be disposed of or destroyed. Any person claiming ownership of an alcoholic beverage seized under this section may, on the initial return date of the summons or earlier on five days' notice to the official or department in possession of the beverage, apply to the court for an order preventing the destruction or disposal of the alcoholic beverage seized and ordering the return of that beverage. The court may order the beverage returned if it is determined that return of the beverage would be in the interest of justice or that the beverage was improperly seized.
[Adopted 3-20-2018 by Ord. No. 1-2018]
It is the purpose of this article to protect the public interest, welfare, health and safety within the City of Oneonta by prohibiting the service to and consumption of alcoholic beverages and drugs by persons under the age of 21 at private residences located in the City of Oneonta. The Common Council finds that the occurrence of social gatherings at private residences 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 Common Council finds further that persons under the age of 21 often obtain alcoholic beverages or drugs at such gatherings and that such persons who are in control of such residences 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.
For the purpose of this article, the following terms shall be defined as follows:
- ALCOHOLIC BEVERAGES
- 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 confectionaries containing alcohol as provided in Subdivision 12 of § 200 of the Agricultural and Markets Law shall not be considered alcoholic beverages within the meaning of this section.
- The authority and ability to regulate, direct or 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 or otherwise, at a residence or other private property with minors present.
- A human being and, where appropriate, a public or private corporation, an unincorporated association, partnership, a government or a governmental instrumentality.
- Any home, apartment, condominium, cooperative unit or dwelling unit of any kind, including yards and open areas adjacent thereto.
No person having control of any residence 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 article 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 Alcoholic 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 other applicable law.
If any part or provision of this article 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 article or the application thereof to any person or circumstance be adjudged invalid by a court or 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.
Failure to comply with the provisions of this article shall constitute a violation, punishable by a fine of $1,000 or imprisonment for 15 days.