[HISTORY: Adopted by the Board of Trustees of the Village of Geneseo 4-20-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
This chapter shall be known and cited as the Social Host Law of the Village of Geneseo.
The regulations of the Social Hosts chapter shall apply to and affect real property and structures thereon that are permitted to be used for residential uses, including residential uses that are located in nonresidential zones.
It is the purpose of this chapter to protect the public interest, welfare, health and safety within the Village of Geneseo by prohibiting the service to and consumption of alcoholic beverages and illegal drugs by persons under age of 21 at private residences located in the Village. The Village Board finds that the occurrence of social gatherings at private residences where alcoholic beverages or illegal 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 Village Board finds further that persons under the age of 21 often obtain alcoholic beverages or illegal drugs at such gatherings and that such service and/or consumption will be more likely to ensure that alcoholic beverages and illegal drugs are neither served to nor consumed by persons under the age of 21 at these gatherings.
As used in this chapter, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGES
- Shall mean 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 Section 12 of Section 200 of the Agriculture and Markets Law shall not be considered alcoholic beverage within the meaning of this chapter.
- The actual or apparent authority and ability to regulate, direct or dominate private premises, including but not limited to the control exercised by tenants, lessees, owners and/or landlords who have noticed drinking on their premises.
- ILLEGAL DRUG
- Includes any substance listed in Section 3306 of the Public Health Law.
- Any person under the age of 21.
- OPEN HOUSE PARTY
- A party or gathering at a residence or other private premises of two or more persons.
- 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, co-operative unit, dormitory unit or other dwelling unit of any kind, including yards and open areas adjacent thereto, vacant land and accessory structures.
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 illegal drug is being unlawfully possessed, served to or consumed by a minor at said residence. Such person must take reasonable corrective action to ensure that the possession or consumption of alcoholic beverages or illegal drugs by any minor on such premises is prohibited. Reasonable corrective action shall include, but not limited to:
Verifying the age of persons attending the social gathering by inspecting the driver's licenses or other governmental-issue identification cards;
Making a prompt demand that such minor either forfeit the alcoholic beverages or illegal drugs and refrain from the consumption of such and promptly report such activity to the local law enforcement agency.
The provisions of this chapter shall not apply to:
The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to Section 65-C of the New York State Alcoholic 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 other applicable law.
If any part or provision of this chapter is inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by a court of 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.
Any person who violates any provision of this chapter shall be guilty of a violation and shall, upon conviction thereof, be subject to a fine of $250, or imprisonment for a term not to exceed 15 days, or a combination of such fine and imprisonment as shall be ordered by the court. Each and every subsequent occurrence shall constitute a violation punishable by a fine of $500 or imprisonment of 15 days. In addition, for each offense, successful completion of a court-approved alcohol and drug awareness program is required.