RESOLUTION NO. 237 of 2007 DATED: August 28, 2007

WHEREAS, on July 24, 2007 a proposed Local Law for the County of Montgomery County which prohibits the consumption of alcoholic beverages by minors on private property was presented to the Board of Supervisors for consideration, and

WHEREAS, on July 24, 2007, Resolution 198 of 2007 was adopted authorizing and directing that a Public Hearing be held by the Board of Supervisors on the 28th day of August, 2007 at the time and place appointed, and

WHEREAS, said public hearing has been held,

RESOLVED, that Introductory Local Law No. 2 of 2007 which prohibits the consumption of alcoholic beverages by minors on private property hereby is adopted and is incorporated  as follows:

BE IT ENACTED, by the County of Montgomery, New York, as follows:


Sec. 1.  Prohibition against consumption of alcoholic beverages by minors on private property.

(a)   Legislative Intent.

It is the purpose of this section to protect the public interest, welfare, health and safety within the County of Montgomery by prohibiting the services to and consumption of alcoholic beverages and drugs by persons under the age of twenty-one (21) at private premises located in the County. The Montgomery County Board of Supervisors finds that the occurrence of social gatherings at private premises where alcoholic beverages or drugs are served to or consumed by persons under the age of twenty-one (21) is harmful to such persons themselves and a threat to public welfare, health and safety. The Montgomery County Board of Supervisors finds further that persons under the age of twenty-one (21) often obtain alcoholic beverages or drugs at such gatherings and that persons who are in control of such premises know or have reason to know of such service  and/or consumption and will be more likely to ensure that alcoholic beverages and drugs are neither served to nor consumed by persons under the age of twenty-one (21) at these gatherings.

(b)   Definitions.

For the purpose of this section, the following terms shall be defined as follows:

Alcoholic beverage means 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 Subsection 12 or 200 Agriculture and Markets Law shall not be considered alcoholic beverage within the meaning of this section.

Control means the authority and ability to regulate, direct of dominate.

Drug means and includes any substance listed in Section 3306 of the Public Health Law.

  Minor means any person under the age of twenty-one (21).

Open House Party means a social gathering at a residence or other private property with minors present.

Person means a human being and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

Premises means any home, apartment, condominium, co-operative unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.

(c)   Prohibition.

No person having control of any premises 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 said residence.

(d)   Exceptions.

The provisions of this section shall not apply to:

(1)   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 Alcohol Beverage Control Law, or any other applicable law; or

(2)   The possession or consumption of a drug for which the individual has a current, valid prescription or as otherwise permitted by any other applicable law.

(e)   Inconsistency with Other Laws.

(1)   If any part or provision of this section is inconsistent with any federal or sate statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.

(2)   If any part  or provision of this section 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.

(f)   Penalties.

Failure to comply with subsection (c) above shall constitute a violation, punishable by a fine which shall not exceed two hundred fifty dollars ($250.00), or imprisonment not exceeding fifteen (15) days or a combination of such fine and imprisonment as shall be fixed by the court.”

Section 2.   This Local Law shall take effect immediately.

, and

FURTHER RESOLVED, that the Clerk of the Board of Supervisors hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

RESOLUTION ADOPTED with Aye(1499).  Supervisors Dybas, Mancini and Stagliano voted Nay. (8/28/2007)