[HISTORY: Adopted by the Town Board of the Town of Fishkill 4-25-2009 by L.L. No. 2-2009. Amendments noted where applicable.]
Legislative findings. The Town Board finds that underage drinking and teenage drug use is a significant societal problem that has generated widespread concern in the Town of Fishkill. The Town Board further finds that the occurrence of social gatherings at private residences where alcoholic beverages and/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.
Purpose. It is the purpose of this chapter to protect the public interest, welfare, health and safety within the Town of Fishkill 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 Town of Fishkill. This chapter will serve to deter the consumption of alcoholic beverages and drugs by minors by holding those with control over a residence responsible when they permit the consumption of alcoholic beverages and/or drugs by minors to take place at said residence.
As used in this chapter, the following terms shall have the meanings indicated:
- 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 confectioneries 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 chapter.
- 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, held 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 other dwelling unit of any kind, including yards and open areas adjacent thereto.
Prohibition. It shall be unlawful for any person aged 16 years or over having control of any residence located in the Town of Fishkill to 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 or to fail to take reasonable corrective action upon learning of the consumption of alcoholic beverages or drugs by a minor at said residence. Reasonable corrective action shall include, but not be limited to:
Making a prompt demand that such minor forfeit and refrain from further consumption of alcoholic beverages and/or drugs;
Promptly reporting such consumption of alcohol and/or drugs to any other person having a greater degree of authority over the conduct of such minor; and
Promptly reporting such underage consumption of alcohol and/or drugs to the local law enforcement agency.
Exceptions. The provisions of this section 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 Alcoholic Beverage Control 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; or
The possession or consumption of an alcoholic beverage by a minor for religious purposes, provided such alcoholic beverage is administered by a parent or guardian who is present on the premises at the time of consumption and thereafter.
First offense. Failure to comply with § 126-3A above shall constitute a violation punishable by a fine of $250 or imprisonment for not more than 15 days, or by both such fine and imprisonment.
Second offense. Each second offense of failure to comply with § 126-3A above shall constitute a violation punishable by a fine of $500 or imprisonment for not more than 15 days, or by both such fine and imprisonment.