[HISTORY: Adopted by the Town Board of the Town of Lewisboro 10-11-1977 by L.L. No.
3-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Cabarets — See Ch. 98.
This chapter shall be known and cited as the "Town of Lewisboro
Local Law No. 3-1977, Regulating Consumption of Alcoholic Beverages
in Public Places."
The Town of Lewisboro recognizes that consumption of alcoholic
beverages in public places must be adequately controlled so as to
prevent public disorder, nuisances, littering and other acts and conditions
detrimental to the health, safety and welfare of the residents of
the Town, and this chapter is intended to provide such control and
regulation.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all beverages as defined in § 3 of the
Alcoholic Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable
for or used to hold any liquid.
Any highway, street, sidewalk, park, playground, parking
lot, shopping center, mall or any other place to which the public
or a substantial group of persons has access, but excluding those
public places wherein the use and consumption of alcoholic beverages
is authorized pursuant to a license or permit issued under the Alcoholic
Beverage Control Law.
No person shall consume or ingest any alcoholic beverage in
any public place within the Town of Lewisboro. Carrying on the person,
holding or possessing any open, unsealed, resealed or partially full
bottle, can or container of an alcoholic beverage in a public place
as hereinabove defined shall constitute prima facie evidence of a
violation of this section.
Any open, unsealed, resealed or partially full bottle, can or
container which contains an alcoholic beverage found in any vehicle
in any such public place shall be presumptive evidence that the same
is in possession of all the occupants of said vehicle and in possession
of the person last having control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic beverages
in public places or possessing open, unsealed, resealed or partially
empty bottles, can or containers of such alcoholic beverage shall
not apply nor be a violation of this chapter in the event of a gathering,
function or event sponsored by a local Fire Department, recognized
civic organization or recognized church organization or an event which
has been granted special permit by the Town Board of the Town of Lewisboro
or its authorized official.
[Amended 8-14-1984 by L.L. No. 4-1984]
Any person upon conviction for violation of this chapter shall
be guilty of a violation as defined in Article 10, § 10.00,
Subdivision 3, of the Penal Law, which shall be punishable as follows:
A.
For a first offense, by payment of a fine of not less than $25 nor
in excess of $100, or by imprisonment for 10 days, or by both such
fine and imprisonment.
B.
For a second or subsequent offense, by payment of a fine of not less
than $100 nor in excess of $200 or by imprisonment for 15 days, or
by both such fine and imprisonment.
