May 15, 2015
County studies crackdown on underage alcohol usage
Members of the Cortland County Legislature’s Judiciary and Public Safety Committee Thursday morning voted 6-1 in favor of adopting a social host law to target adults responsible for underage drinking in the county.
Legislator George Wagner (R-Marathon and Lapeer) was opposed.
The social host ordinance intends to penalize adults who host a party knowing there are individuals present under age 21 using illicit drugs or alcohol.
The city of Cortland and the town of Homer also have passed similar laws with the same intention, to ensure there are not any people drinking under the legal age in big social gatherings.
The city passed its law after Cortaca day problems in 2013, which resulted in the arrests of dozens of people and also led to the passage of strict noise ordinances within the city.
County Attorney Karen Howe, who drafted the county law, said the law also expands to liquor, alcoholic powder, and other forms of alcohol such as pudding and Jell-O shots.
“The intent is to cut down the prohibitive sale, use and consumption of these products by youth,” Howe said during the meeting.
Wagner said after the meeting he opposed the law because it invades the rights of private property owners.
“When private property is involved, it is not the police’s business,” Wagner said after the meeting.
Howe said police involvement would occur if a noise complaint is made about the social gathering. If people under the age of 21 are using drugs or alcohol, the host of the party would be subjected to this law.
The host, or owner of the property, would be responsible if they knew of the gathering, Howe explained, responding to Legislator Joseph Steinhoff’s (R-Cortlandville) concern about the protection of the parent or guardian of the minor holding the party.
The host of the party would be subjected to a violation that also includes graduated penalties.
The first violation could result in a sentence of a fine up to $250 and the second violation could result in a fine up to $300. Both could carry up to 15 days of jail time, or both. The third violation could result in a fine of up to $500 accompanied by jail time of at least one day, not to exceed 15 days.
Public Defender Keith Dayton had some concerns with the law’s language, saying he will do more research before it is adopted by the county Legislature.
Dayton pointed out during the meeting Thursday morning that the language in the penalties section of the law does not give a time frame of when a person can be subjected to the second and third violations.
Dayton added that the third violation penalty mandates jail time and he wants to make sure that there is nothing in the state or United States constitutions that would conflict with the section.
“I would rather have my input now than after someone has been charged,” Dayton said, adding he has no objection to the law but he would like to know if it would be upheld in court.
Dayton also pointed out that there is already a state law in place charging someone with a misdemeanor if they give alcohol to a child younger than 21 years old. He wanted to know if there was a difference between that law and the social host ordinance.
Howe said the proposed county law would give more reason to penalize those who have social gatherings with underage drinkers.
“This is also another means to go after unlawful parties that take place,” Howe said.
Legislator Kevin Whitney (R-Cortlandville) said during the meeting he would like to make sure the language in the law is clear so it will not have the fate of the former pseudoephedrine law.
“I hate to see us do this again,” Whitney said, adding he was a big supporter of the pseudoephedrine law, which would limit the sale of the product in an attempt to curb the manufacture of methamphetamine.
The county had to retractthe local pseudoephedrine law adopted in 2013 after Dayton challenged its constitutionality and argued it was never adopted in accordance with properpublic notifications. Dayton has said in previous interviewswith the Cortland Standard the law could be a violation of patient privacy, because pseudoephedrine products are legal for people to buy.
Chair of the Committee Dick Bushnell (D-LD4) said after the meeting Thursday afternoon that having the law cover the county will give more teeth to the ones already passed in the city and in the town of Homer.
“This just puts it throughout the county to keep on top of this,” Bushnell said. “It’s a good asset for the sheriff’s department when they have these parties that get out of hand.”
A public hearing will be held on the social host ordinance law at 6 p.m. prior to legislative session May 28.
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