Legal Opinion

Informal Opinion No.

New York Attorney General Reports

Decided December 16, 1986Published

1Opinion of the Court

Marcley J. Hilderbrand, Esq. Village Attorney, Delhi

You have asked whether the Village of Delhi may pass a local law banning the consumption of alcoholic beverages in public or private places by persons under the age of 21 years.

Under the home rule provisions of the New York Constitution and the Municipal Home Rule Law, municipalities have the power to adopt local laws relating to the "government, protection, order, conduct, safety, health and well-being of persons or property" within the municipality as long as these local laws are not inconsistent with the State Constitution or a general…

2Cases cited9 opinions

  1. Adler v. DeeganNew York Court of Appeals · 1929
  2. Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
  3. People v. De JesusNew York Court of Appeals · 1981
  4. Wholesale Laundry Board of Trade, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1962
  5. Wholesale Laundry Board of Trade, Inc. v. City of New YorkNew York Court of Appeals · 1963

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