[HISTORY: Adopted by the Common Council of the City of Cortland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-3-2013 by L.L. No. 2-2014]
It is the purpose of this article to protect the public interest,
welfare, health and safety within the City of Cortland 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 Cortland. The City 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 City 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:
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.
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:
A.Â
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
B.Â
The possession or consumption of a drug for which the individual
has a current, valid prescription or as otherwise permitted by other
applicable law.
A.Â
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.
B.Â
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 Subsection C above shall constitute a
violation, punishable by a fine of $250 or imprisonment for 15 days.
For each and every subsequent occurrence, failure to comply with Subsection
C above shall constitute a violation punishable by a fine of $250
and imprisonment for 15 days.
