[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.]
GENERAL REFERENCES
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.
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.
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.
A.Â
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:
(1)Â
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
(2)Â
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.
B.Â
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.
