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New Putnam Valley Alcoholic Beverage Law Has Teeth
by Edward Paul Greiff
Putnam Valley's Alcoholic Beverage Law prohibits the consumption of any alcoholic beverage in any public place within the Town, it also prohibits the possession of an open or unsealed container of an alcoholic beverage for the purpose of consumption while in any public place. The penalty for violating this section of the law can be a $250 fine and 15 days in jail.
The Putnam Valley Town Board, aiming to strengthen the law, held a public hearing on August 8, 2007 to hear comment regarding a revision to this law wherein hosting parties where minors are consuming alcoholic beverages is prohibited. The penalty for violating this section of the law could be a $3,000 fine and one year in jail.
When Town Attorney David Gordon revised the Town's Alcoholic Beverage Law to address the 'Hosting' issue, he said at the public hearing that he revised some of the text of the law, Chapter 47 of the Town Code, so the old and new parts are in agreement and he had the new law published in its entirety. If you consume alcoholic beverages, and are not familiar with the terms of this Town Law, it's in your best interests to do so because the penalties for violating it can be substantial.
Recent instances, where adults were drinking beer out of bottles at a public gathering or young adults drinking beer on a town beach, are examples of either the public's apathy toward the law and or ignorance of the law. But in either case it substantiates Frank DiMarco and the Putnam County Drug and Alcohol Abuse Task Force's justification for a "Host Liability Law."
Mr. DiMarco presented this proposed law at the July 18, 2007 Putnam Valley Town Board meeting. He spoke about underage drinking becoming a serious problem in Putnam County and neighboring municipalities. He spoke about newspapers being "peppered with stories of tragedies incurred as a result of underage drinking parties."
No Town has escaped the dangerous and tragic aftermath of this preventable situation, he said. And in response, the Towns of Patterson, Southeast, and Carmel have recently voted to adopt their own tailored version of a law proposed by the Putnam County Drug and Alcohol Abuse Task Force that specifically addresses adult-enabled underage drinking.
Partnering with the "Underage Drinking Coalition" and the "Communities that Care" committee, the Putnam County Drug and Alcohol Abuse Task Force is working tirelessly to make parents and other adults aware of the serious consequences that can result from their hosting underage drinking parties in their home.
The "Host Liability Law" being proposed for Putnam Valley is drawn directly from the law passed by the City of San Diego and makes it a Class-A Misdemeanor for anyone to "host, suffer, permit, organize, or allow a party, gathering, or event in their home where minors are consuming alcohol." According to Mr. DiMarco this is in line with the current penalty found in Section 260.20 "Unlawfully dealing with a child in the first degree."
At the public hearing Councilman Bob Tendy questioned whether it was a Class-A Misdemeanor or an Unclassified Misdemeanor. Attorney David Gordon questioned whether they would be able to legally recover from the convicted person(s) the expenses incurred by law enforcement services that are used to address the illegal activity. There appears to be no precedent for this.
In order to exclude religious and similar types of common family gatherings this proposed law would not apply to parents who provide alcohol to their own minor children. This proposal would also not apply to parents and guardians who are unaware of parties or gatherings being held in their home without their knowledge and consent. This law retains the "knowingly" component that is generally required by our justice system for conviction of criminal offenses. The adults need to be the enabling component in an underage drinking situation.
Although there were very few people at the public hearing the Town Board did review the law and it is on the agenda for adoption at the next Town board meeting on August 15, 2007.
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