GENESEO – The Geneseo Police Department arrested an Endicott resident under the Social Host Law last Wednesday.
According to a press release from the Geneseo Police Department, a 21-year-old from Endicott, NY was charged with one violation of the Social Host Law, a violation.
“The Social Host Law is a lower-level alternative to the previously used misdemeanor charge,” Unlawful Dealing with a Child,” said Osganian.
The 21-year-old, whose name the GeneseeSun.com is witholding due to the low level of the charge, was allegedly in control of a party on South Street from which an 18 year old male was transported to NOYES Hospital for an alcohol overdose. Police believe that the teenager was drinking alcohol at the party.
The subject is scheduled to appear in Geneseo Village Court at a later date.
This is the fifth arrest that Geneseo Police have made under the social host law, available here, since it was passed by the Village Board of Trustees on April 20, 2015.
The law establishes grounds to charge a person with a violation-level offense when they are found to be in control of a residence where there is an open house party and they know or have reason to know that any alcoholic beverage or illegal drug is being unlawfully possessed, served to or consumed by a minor at the residence.
‘Control,’ is defined in the law as “The actual or apparent authority and ability to regulate, direct or dominate private premises, including but not limited to the control exercised by tenants, lessees, owners and/or landlords who have noticed drinking on their premises.”
The law says that those in control of a party must take ‘reasonable corrective action’ to ensure that no illegal drug or alcohol activity takes place. ‘Reasonable corrective action’ is defined as:
‘Verifying the age of persons attending the social gathering by inspecting the driver’s licenses or other governmental-issue identification cards’ and/or ‘Making a prompt demand that such minor either forfeit the alcoholic beverages or illegal drugs and refrain from the consumption of such and promptly report such activity to the local law enforcement agency.’
Penalties for a violation are ‘any person who violates any provision of this chapter shall be guilty of a violation and shall, upon conviction thereof, be subject to a fine of $250, or imprisonment for a term not to exceed 15 days, or a combination of such fine and imprisonment as shall be ordered by the court. Each and every subsequent occurrence shall constitute a violation punishable by a fine of $500 or imprisonment of 15 days. In addition, for each offense, successful completion of a court-approved alcohol and drug awareness program is required.”