[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.
Article I Consumption by Minors
[Adopted 5-2-2000 by Ord. No. 11-2000]
It is the purpose of this chapter 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 chapter, 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 chapter, 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.