[HISTORY: Adopted by the Town Board of the Town of Fishkill 4-25-2009 by L.L. No.
2-2009. Amendments noted where applicable.]
A.
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.
B.
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:
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.
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.
A.
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:
(1)
Making
a prompt demand that such minor forfeit and refrain from further consumption
of alcoholic beverages and/or drugs;
(2)
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
(3)
Promptly
reporting such underage consumption of alcohol and/or drugs to the
local law enforcement agency.
B.
Exceptions. The provisions of this section shall not apply to:
(1)
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
(2)
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
(3)
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.
A.
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.
