[HISTORY: Adopted by the Board of Trustees of the Village of Northport 11-7-2007 by L.L. No. 10-2007. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 88.
It is the intent of the Board of Trustees of the Incorporated Village of Northport, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the Village by enacting this chapter, since it is the finding of the Board of Trustees that the consumption of alcoholic beverages by underage persons is a significant problem that is detrimental to the health, safety and welfare of the residents of the Village where a person over the age of 18 consents to or knowingly permits the consumption of alcohol by a person under the age of 21 in his/her home. To permit such underage drinking in a private residence or locale, whether at a party or small gathering, poses an immediate threat to the Village, often contributing to the development of unsafe conditions, alcohol abuse by persons under the age of 21, driving under the influence of alcohol, the creation of nuisances, including but not limited to raucous or other disorderly behavior, accidental injuries, neighborhood vandalism, and the commission of violent crimes. This chapter specifically serves to deter those persons over the age of 18 from serving and/or consenting to or permitting the consumption of alcoholic beverages by persons under the age of 21 on private premises or public premises used for private purposes.
For the purpose of this chapter, the following terms shall have the meanings indicated. All other words shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
- Any person over the age of 18.
- Includes serving, condoning, allowing, providing, facilitating, and/or tolerating.
- Aware of, having reason to be aware of, or should be aware of the consumption of alcohol by a person under the age of 21.
- Includes any publicly or privately owned space, location or setting.
- To knowingly approve, authorize, enable or tolerate. Permission is presumed to have been given unless the contrary is established by a preponderance of the evidence. Being out of town shall not necessarily be accepted as an excuse.
- PRIVATE SETTING
- Includes a residence, a party hall, location, venue, locale or private use of a public space and/or private space whether inside or outside, and whether or not owned by the occupier.
- Includes any home, apartment, condominium, cooperative unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.
- The Incorporated Village of Northport.
It shall be unlawful for any adult who owns, rents, supervises or otherwise controls a private setting and/or controls the activities therein to consent or knowingly permit the consumption of alcohol or alcoholic beverages by any person under the age of 21 on such premises or to fail to take immediate and reasonable remedial action upon the discovery of such consumption of alcohol or alcoholic beverages by any person under the age of 21 on such premises, whether or not such adult is actually present on such premises. Reasonable remedial action by such adult shall include:
Effectuating an immediate demand to such person under the age of 21 that he/she forfeit and surrender the alcoholic beverages and refrain from further consumption; and
If such person under the age of 21 does not comply with such demand, promptly reporting the underage alcohol consumption to the Northport Police Department or to the parents or guardians of such person under the age of 21, except that if such remedial action proves ineffective, such adult shall report such circumstances to the Northport Police Department for the appropriate remedial action.
The provisions of Subsection A shall not apply to the consumption of alcohol or alcoholic beverages by a person under the age of 21 whose parent or guardian is present and has expressly permitted such consumption or to such consumption that occurs at a religious ceremony and the parent or guardian has consented to such consumption.
[Amended 4-19-2011 by L.L. No. 2-2011]
A violation of § 89-3 of this chapter shall constitute a violation and be punishable in the manner as follows:
The provisions of this chapter shall not in any way affect the application of any other law, where appropriate, including but not limited to New York Penal Law § 260.10, Endangering the welfare of a child, and § 260.20, Subdivision 2, Unlawfully dealing with a child in the first degree.
This chapter shall apply to all persons who own, rent, supervise, or who are otherwise in control of private settings, including private use of a public premises in the territorial limits of the Incorporated Village of Northport, and 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.