GENESEO – The Geneseo Police Department arrested a New York City resident on Hillside Drive on April 24 for a violation of the controversial Chapter 88 of the Village of Geneseo Code, also known as the Social Host Law.
According to a press release from Geneseo Police Chief Eric Osganian, Nicholas Wood, 20, was arrested for a violation of the Social Host Law and Loud Noise.
“We received an anonymous 911 call reporting loud noise at the residence,” said Osganian. “There were about 50 to 60 people there, and we took about 25 names.”
This is the third 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.”
On Oct. 31, 2015, two people were charged with Social Host violations for being in control of separate house parties where alcohol was allegedly served to underage individuals.
The records of the other arrests have since been sealed.
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.”
Wood was issued an appearance ticket and scheduled to appear in Geneseo Village court at a later date.