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					                                     ULSTER COUNTY 

                        OFFICE OF THE DISTRICT ATTORNEY 

                         275 WALL STREET KINGSTON, NEW YORK 12401-3817
                                          (845) 340-3280

D. HOLLEY CARNRIGHT                                                                    JOAN LAMB
    District Attorney                                                           KATHERINE K VAN LOAN
                                                                                 GERARD 1. VAN LOAN
                                                                                     KEVIN C. HARP
   JOHN F. TOBIN
                                                                                    LAUREN E. SWAN
    ChiefAssistant                                                                 TRACY E. STEEVES
                                                                                ELIZABETH A CULMONE
                                                                                KATHLEEN E. SHERlDAN
WILLIAM J. WEISHAUPT                                                                 LISA GODFREY
    Chief of Investigations                                                         JOSHUA POVILL
                                                                                    CINDY CHAVKIN
                                                                                 DYLAN S. GALLAGHER




    March 12,2010


    Dear Parent/Guardian:

    We are fast approaching that time of year when students in our county will be taking part
    in proms and graduations. Although it is justifiably a time of joy and celebration, it is
    equally one for caution and restraint. As I am sure you share my concerns in this regard, I
    offer the following for your consideration and guidance and to enlist your assistance.

    Alcohol is by far the most widely used drug among our youth and is directly associated
    with risk-taking behavior and other disinhibiting effects that increase the chance of unsafe
    conduct on their part. Unfortunately, in recent years, our county, along with much of the
    rest of the nation, has experienced its tragic results.

    Under certain circumstances, allowing property to be used in a manner where underage
    drinking is taking place may well constitute a crime. Section 260.20 of the Penal Law of the
    State of New York authorizes the prosecution of any individual who gives or sells or causes
    to be given or sold any alcoholic beverage to a person less than 21 years old. A violation of
    this section is a class A misdemeanor, punishable by up to one year in jail or a $1,000.00
    fme, or both. There is a similar section in the Alcohol Beverage Control Law of the State of
    New York, also a misdemeanor. They do not apply to a parent's or guardian's providing
    alcohol to his or her child.

    However, on February 19,2008, the County of Ulster passed "Local Law Number 2 of
    2008," which, in pertinent part, provides that "no person having control of any premises
    shall allow an open house party to take place at said residence if such person knows or has
    reason to know that any alcoholic beverage or drug is being unlawfully possessed, served to
    or consumed by a minor at said residence." It defines "open house party" as "a social
    gathering at a residence or other private property with minors present." A violation of this
    law is punishable by a fine not exceeding $250.00 or imprisonment not exceeding 15 days,
    or a combination thereof.
Furthermore, the Social Host Liability Act of the State of New York imposes civil liability
upon any individual who knowingly serves or permits alcohol to be served to a minor if
that minor causes injury to another as a result of his or her intoxication.

I am pleased that your school district has taken measures to prevent drinking by students
at school-related functions and to deter the consumption of alcoholic beverages by
individuals less than 21 years old. The administration, faculty, and students of your district
are to be commended for their creative initiatives to discourage alcohol and drug use by
students.

Accordingly, I ask that if you permit the use of your home for a prom, graduation, or other
school-related event, you monitor the situation carefully to insure that all minors in
attendance conduct themselves in a proper, responsible, and legal manner. In addition, I
ask that if your child is contemplating using a limousine service to transport him or her to
an event, you remind the owner/operator of such service of their responsibility in insuring
compliance with the laws governing underage drinking. Enclosed is a letter I have sent to
such businesses, which you may use as you see fit.

As a result ofthe efforts of the Ulster County Underage Drinking Prevention Team, the law
enforcement agencies of our county, and this office, the dangers presented by underage
drinking have been identified and continue to be addressed. Any assistance you can render
in that regard will be greatly appreciated by all of us, and more importantly, may save the
life of one or more of our children and others.

Yours truly,


               right 

 istrict Attorney 


C . John F. Miller, Ulster County STOP DWI Program




                     Ulster County Website: www.co.ulster.ny.us
                                     ULSTER COUNTY 

                        OFFICE OF THE DISTRICT ATTORNEY 

                         275 WALL STREET KINGSTON, NEW YORK 12401-3817
                                          (845) 340-3280

D. HOLLEY CARNRIGHT                                                                      JOAN LAMB
    District Attorney                                                            KATHERINE R. VAN LOAN
                                                                                  GERARDJ, VAN LOAN
                                                                                       KEVIN C, HARP
   JOHN F. TOBIN                                                                     LAUREN E. SWAN
    ChiefAssistant                                                                  TRACY E, STEEVES
                                                                                 ELIZABETH A. CULMONE
                                                                                 KATHLEEN E. SHERIDAl"l
WILLIAM J. WEISHAUPT                                                                   LISA GODFREY
    Chiefofinvestigations                                                             JOSHUA POVILL
                                                                                     CINDY CHAVKIN
                                                                                  DYLAN S, GALLAGHER

    March 12, 2010


    Dear Limousine Company Owner/Operator:

    We are fast approaching that time of year when students in our county
    in proms, graduations, and other school-related events, and using limousine services to
    transport them to and from such events. Unfortunately, each year our office receives
    complaints about students under 21 years of age consuming alcoholic beverages while
    riding in limousines. In some instances elsewhere in New York State, such limousines had
    fully stocked bars in them and/or alcoholic beverages stored in coolers in the trunk. As I
    am sure you share my concerns in this regard, I offer the following for your consideration
    and guidance and to enlist your assistance.

    These practices can have disastrous consequences for not only the young people involved,
    but for the drivers of such limousines and other motorists as well. Indeed, under certain
    circumstances, allowing a limousine to be used in this manner may well constitute a crime
    punishable by up to one year in jailor a $1,000.00 fine, or both. In addition, the Social Host
    Liability Act of the State of New York imposes certain civil liability upon any individual
    who knowingly serves or permits alcohol to be served to a minor if that minor causes injury
    to another as a result of his or her intoxication. Accordingly, I ask that if you permit
    minors to be transported in a limousine owned or operated by your company, you monitor
    the situation carefully to insure that they and your drivers conduct themselves in a proper,
    responsible, and legal manner. Any assistance you can render in that regard will be greatly
    appreciated by all of us who care about the safety of our children, and more importantly,
    may save the life of one or more of them and others.

    Yours truly,


    Dt~ey~gbt

    District Attorney
    Cc: John F. Miller, Ulster County STOP DWI Coordinator
                             Ulster County Website: www.co.ulster.ny.us

				
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