[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:
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.
Includes any substance listed in Section 3306 of the Public
Health Law.
Any person under the age of 21.
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:
A.
Verifying the age of persons attending the social gathering by inspecting
the driver's licenses or other governmental-issue identification cards;
B.
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:
A.
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
B.
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.
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.
B.
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.
[Amended 3-23-2020 by L.L. No. 1-2020]
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, as shall be ordered by the court. Each and every
subsequent occurrence shall constitute a violation punishable by a
fine of $500. In addition, for each offense, successful completion
of a court-approved alcohol and drug awareness program is required.
