[HISTORY: Adopted by the County Legislature of the County of Ulster as indicated in article histories. Amendments noted where applicable.]
Article I Consumption by Minors On Private Property
[Adopted 2-19-2008 by L.L. No. 2-2008]
The purpose of this article is to protect the public interest, welfare, health and safety within the County of Ulster by prohibiting the service to and consumption of alcoholic beverages and drugs by persons under the age of 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 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 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 21 at these gatherings.
Whenever used in this article, unless a different meaning is stated in a definition applicable to only a portion of this article, 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 Subdivision 12 of § 200 of the Agriculture and Markets Law shall not be considered alcoholic beverages within the meaning of this article.
- 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 at a residence or other private property with minors present.
- A human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
- Any home, apartment, condominium, cooperative unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.
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.
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 Alcohol 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 any 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.
Failure to comply with § 148-3 above shall constitute a violation, punishable by a fine which shall not exceed $250 or imprisonment not exceeding 15 days, or a combination of such fine and imprisonment, as shall be fixed by the court.