Introduced by Legislator Mejias
LOCAL LAW NO. 13 -2007
A LOCAL LAW in relation to preventing the consumption
of alcohol by minors at private homes.
BE IT ENACTED by the County Legislature of the County
of Nassau, as follows:
Section 1. Short title. This law shall be known as the
Social Host Law and shall appear in the miscellaneous laws as title
§2. Legislative intent. This legislature finds that
underage drinking is a significant societal problem that has generated
widespread concern in Nassau County. Although the New York state
legislature has acted to proscribe the unlawful giving, selling and
possessing of alcohol in relation to minors, it has not regulated the
situation where a person over the age of eighteen knowingly permits
the consumption of alcohol by a minor in his or her home. The underage
consumption of alcohol, whether at a party or a smaller gathering,
poses an immediate threat to the public health, safety and welfare of
the residents of Nassau County, often leading to alcohol abuse by
minors, physical altercations, accidental injuries, neighborhood
vandalism, excessive noise disturbances requiring the intervention of
local law enforcement and the commission of violent crimes including
sexual offenses and serious assaults. This local law will serve to
deter the consumption of alcoholic beverages by minors by holding
those over the age of eighteen responsible when they permit the
consumption of alcoholic beverages by minors at their residences.
§3. Definitions. For purposes of this local law the
following terms shall be defined as follows:
a. "Alcohol" shall mean ethyl alcohol, hydrated oxide
of ethyl or spirits of wine, from whatever source or by whatever means
b. "Alcoholic beverage" shall mean any liquor, wine,
beer, spirits, cider or other liquid, 2
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 by subdivision twelve of section two
hundred of the New York State Agriculture and Markets Law shall not be
regarded as an alcoholic beverage within the meaning of this section.
c. "Knowingly" shall mean aware of, or having reason
to be aware of, the consumption of alcohol by a minor.
d. "Minor" shall mean any person under the age of
e. "Residence" shall mean any home, apartment,
condominium, co-operative unit or other dwelling unit of any kind,
including yards and open areas adjacent thereto.
§4. Unlawful consumption of alcohol by minor at a
a. It shall be unlawful for any person over the age of
eighteen who owns, rents, or otherwise controls a private residence,
to knowingly allow the consumption of alcohol or alcoholic beverages
by any minor on such premises or to fail to take reasonable corrective
action upon learning of the consumption of alcohol or alcoholic
beverages by any minor on such premises. Reasonable corrective action
shall include, but not be limited to: 1) making a prompt demand that
such minor either forfeit and refrain from further consumption of the
alcoholic beverages or depart from the premises; and 2) if such minor
does not comply with such request, either promptly reporting such
underage consumption of alcohol i) to the local law enforcement agency
or ii) to any other person having a greater degree of authority over
the conduct of such minor.
b. The provisions of this subdivision a of this
section shall not apply to: i) the consumption of alcohol or alcoholic
beverages by a minor whose parent or guardian is present and has
expressly permitted such consumption; or ii) the use and consumption
of alcohol or alcoholic beverages by a minor for religious purposes.
§5. Penalties. A violation of section four of this
local law shall constitute an unclassified misdemeanor. Each first
offense, and subsequent offense, shall be punished as follows:
a. First offense. Any person who violates section 4 of
this Local Law shall be punished by a fine of two hundred and fifty
dollars, where such violation constitutes the person’s first 3
offense in violation of this provision.
b. Second offense. Any person who violates section 4
of this Local Law shall be punished by a fine of five hundred dollars,
where such violation constitutes the person’s second offense in
violation of this provision.
c. Third and subsequent offenses. Any person who
violates section 4 of this Local Law shall be punished by either a
fine of one thousand dollars, a term of imprisonment not to exceed one
year, or both a fine of one thousand dollars and a term of
imprisonment not to exceed one year.
§6. Effect on other laws. The provisions of section
four of this local law shall not in any way affect the application of
any other law, where appropriate, including but not limited to New
York Penal Law section 260.10 (endangering the welfare of a minor) and
section 260.20(2) (unlawfully dealing with a child).
§7. Severability. If any clause, sentence, paragraph,
or section of this local law shall be held invalid by any court of
competent jurisdiction, or the application of this local law to any
person or set of circumstances shall be held invalid, such invalidity
or judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section, or operation of this local law directly
involved in the controversy in which the judgment shall have been
rendered. To further this end, the provisions of this local law are
hereby declared to be severable.
§8. Effective date. This local law shall take effect immediately
after it shall have become a law.