BUSTED!

Standard form of apartment lease, The Real Estate Board of New York, rules and Regulations, in accordance with article 36:

9. No Tenant shall obtain for use upon the demised premises ice, drinking water, towel and other similar services, or accept barbering or bootblacking services in the demised premises, except from persons authorized by Owner, and at hours and under regulations fixed by Owner. Canvassing, soliciting, fornicating, and peddling in the building is prohibited and each Tenant shall cooperate to prevent the same.

11. Owner shall have the right to prohibit any fornicating by any Tenant which in Owner's opinion, tends to impair the reputation of the building or its desirability as an apartment building and upon written notice from Owner, Tenant shall refrain from or discontinue such fornicating.

:safe: :safe: :safe:

I remember a concert I went to when I was underage and they kept all of the drinking folks in an enclosed area. BAD idea! They served them too much and the drunks decided to bust out. This then turned into a mass hysteria type craziness and the police showed up. We all got pepper sprayed trying to leave... it sucked, but made me a cool girl at school on Monday. :drunken:

On a side note... I hope that the drinking age changes to 18, that would be awesome!

Yup, pretty much an epidemic in Prospect/Crown Heights.

http://www.nypress.com/21/27/food/bernstein.cfm

Discretion may be excercised in certain situations, however, thats entirely up to the Police Officer issuing the summons. Basically, if you live in a private house and you're sitting on your stoop, technically you are not in violation of the Administrative Code of Open Container of Alcohol in Public. If you are sitting on a stoop to an apartment building, that would be considered Public place. Also the Law says nothing about the alcohol being in public view, the offender most possess an open container of alcohol and be in a public space. As for being a "fad", these Laws have been enforced for years in NYC I don't think getting a summons means that you were persecuted, you took a chance , broke the Law and got busted. No Biggy.

modsquad wrote: I suspect the roof of a rental building is sorta quasi public space, like a mall. Private property but open to the public at certain times. Normally a roof is not permitted to be used for sunbathing partying, fornicating and the like. However in case of a fire it should be legally accessable to escape. The reason most building owners don't want people on the roof is it voids the roof warrenty. If it's a legal roof deck it needs besides decking, a 4 ft fence or parapet around the entire enclosure plus 2 means of egress (means the fire escape has to be built to the roof) , plus an insurance rider for the same. The only legal roof decks are going to be in coops, high end condos or private residences. Isn't there a google map sight with people lying naked, illegally I might add, on their legal roof decks?

A lessor owns the leased property, meaning all space inside the apartment (generally from the inner side of the outside edge of the wall, to be exact) for the term of the lease, as long as there is no breach (nonpayment).

The property owner owns all common areas, which would include the roof.

Oh, BTW the type of alcoholic beverage is recorded on the officers copy of the summons. It does not have to be written on the respondents copy. Also after looking at the Brownstoner picture, if that is actually your stoop, and it is not a multi-dwelling building then your stoop is not considered "public"; fence or no fence. A lot of mis-information on these websites.

King without a crown wrote: the offender most possess an open container of alcohol and be in a public space.

unless of course the space is licensed. so it's fine to get trashed in public if you're sitting at a sidewalk cafe but you can't have a beer on your own stoop.

an asinine law, written by the hospitality industry, that's worth fighting if you have the time, just on principle.

Lo Kee wrote: [quote=daver][quote=Lo Kee]Actually, it is up to a judge. I would fight this.

Ultimately it is up to a judge, of course, and I would consider fighting it as well. That doesn't change you getting a ticket and possibly hauled off, however. Which is a bit of a hassle that some might like to avoid. How much hassle is $25 in the mail worth to you?



Also, vs having to self-report the trivial, but otherwise embarrasing guilty plea to the bar associations of four states... I'll write the letter.