[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 23-2009. Amendments noted where applicable.]
Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. Section 2 of this local law provided that: "The Board of Trustees finds that the occurrence of social gatherings at private residences when alcoholic beverages or drugs are served to, or consumed by persons under the age of 21 is harmful to such persons and a threat to the public welfare, health and safety of the residents of the Village. The Board further finds that the persons who own or control said residences know or have reason to know of such gatherings and should therefore be responsible for preventing same."
For the purpose of this chapter, the following items shall be defined as follows:
- 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 confectionery containing alcohol as provided in Subdivision 12 of § 200 of the Agriculture and Markets Law shall not be considered alcoholic beverage within the meaning of this section.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- The authority and ability to regulate, direct or dominate.
- Includes any substance listed in § 3306 of the Public Health Law.
- INTENT TO CONSUME
- Includes any of the following: drinking from the container;
possession with movement of the container to the mouth; and any circumstances
evidencing an intent to ultimately consume in any public place.[Added 1-24-2011 by L.L. No. 1-2011]
- Any person under the age of 21.
- OPEN BOTTLE, CAN OR OTHER CONTAINER
- Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid, which has been uncapped, uncorked, the tab
removed or the top sliced, cut or broken, or its original condition
altered in such a way that the liquid can flow out of it.[Added 1-24-2011 by L.L. No. 1-2011]
- OPEN HOUSE PARTY
- 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, a partnership, a government or a governmental instrumentality.
- PUBLIC LANDS
- Any public highway, street, parking lot, sidewalk, park or recreation area owned or controlled by the Village or any other federal, state or local governmental agency or subdivision, or any vacant lot, parking area, landscaped area, buffer zone, front yard, side yard or rear yard of any parcel zoned or used for other than residential purposes.
It shall be a violation of this chapter for any person to:
Consume any alcoholic beverage on any public lands within the Village.
Have in his possession with intent to consume any open container containing any alcoholic beverage on any public lands within the Village.
[Amended 1-24-2011 by L.L. No. 1-2011]
Have within his possession for the purposes of consumption on public lands by either himself or another person any open container containing an alcoholic beverage on any public lands within the Village.
The foregoing prohibitions shall not apply in the event of a special fair, picnic or other community gathering for which permission has been granted by the Village, or to the transportation of an unsealed but not open container across public lands of the Village from one point to another, with no intent to consume the contents of such open container while upon public lands.
This section shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
No person who owns or has control of any residence in the Village 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 such residence.
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 any other applicable law; or
The possession or consumption of a drug for which the person has a current, valid prescription, or as otherwise permitted by applicable law.
Each violation of this chapter shall be punishable by a fine as provided for in § 1-9 of this Code. A violation of this chapter shall constitute disorderly conduct, and any person violating the same shall be declared a disorderly person.
Should any provisions of this chapter be judicially determined to be invalid, the remaining provisions shall continue in full force and effect.