[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park: Art. I, 7-25-1983 by L.L. No. 10-1983; Art. II, at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
Penalties for offenses — See Ch. 1, Art I.
Article I Public Consumption
Article II Establishments for On-Premises Consumption
[Adopted 7-25-1983 by L.L. No. 10-1983]
As used in this article, the following terms shall have the meanings indicated:
- PUBLIC PLACE
- A place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park or beach located within the Village of Massapequa Park, except that the definition of a "public place" shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within a person's private property.
No person shall drink or consume an alcoholic beverage or possess, with intent to drink or consume, an open container containing an alcoholic beverage or with the intent to consume said alcoholic beverage in any public place or to have the same so consumed by another, except at a block party, feast or similar function for which a permit or written consent has been obtained from the Incorporated Village of Massapequa Park.
Possession of an open container containing an alcoholic beverage in any motor vehicle within the village of Massapequa Park by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this article.
Any person who shall be found to have violated any of the provisions of this article shall be punished by a mandatory minimum fine of $100 for each violation thereof or shall be imprisoned up to 15 days in jail, or both.
The municipality of Massapequa Park, pursuant to its zoning powers, may properly restrict the number of places used for the sale of alcoholic beverages for on-premises consumption.
A local law prohibiting the use of or the sale of alcoholic beverages within a particular zone of a building or premises directly devoted to a similar use is a valid exercise of the zoning powers.
The regulation and control of the location of establishments making alcoholic beverages available for on-premises consumption shall foster and permit temperance in the consumption of alcohol and respect for obedience of the law.
The use of property for the sale of liquor is construed and deemed by legislative authority to have a more deleterious effect upon the health and welfare of the community than ordinary business.
A municipality may restrict the number of places where liquor or other alcoholic beverages are made available for on-premises consumption within a particular geographical area, and this restriction may differ substantially from a similar restriction relating to other permitted uses for property.
The power of the state or any subordinate division thereof, including the municipality of the Incorporated Village of Massapequa Park, is hereby authorized to act ill the matter to regulate and restrict the use of property for the business of the sale of liquor, which power is broader than the power to regulate or restrict property used for ordinary lawful business.
The Village of Massapequa Park has many establishments licensed by the New York State Liquor Authority for on-premises consumption of alcoholic beverages. Many problems have been created by the multitude of such establishments, which has adversely affected the enjoyment of residential property in areas adjacent to such establishments.
The existence and location of establishments serving alcoholic beverages within the community has contributed to increased incidents of vandalism and the destruction of private and public property, which has imposed significantly difficult problems to the village and its population in terms of law enforcement.
The existence and location of establishments serving alcoholic beverages for on-premises consumption within the community has had a detrimental ecological and environmental impact with the imposition of additional burdens to the village in such matters as parking, littering and noise control, as well as other conditions which have all had an adverse impact on the quality of life.
The existence and location of establishments serving alcoholic beverages for on-premises consumption within the community has contributed to the unauthorized use and improper operation of motor vehicles and loitering and numerous other activities, all of which constitute public and private nuisances and undesirable conditions for the population of the village, which justifies the enactment of this article.
The enactment of this article will not adversely affect any premises occupied by an existing business at its present location licensed by the New York State Liquor Authority for on-premises consumption of alcoholic beverages, but only restrict buildings from being occupied by similar establishments within a two-hundred-foot radius from any other building so occupied. This will result in substantial savings to the residents of the Village of Massapequa Park in terms of police and fire protection and vandalism deterrence and will prevent court congestion.
This article is a valid exercise of the zoning power of this village and, as such, does not constitute an invasion of the power of the New York State Liquor Authority.
Whenever used in this article, unless the context requires otherwise, the following terms shall have the meanings indicated:
- Ethyl alcohol, hydrated oxide of ethyl or spirit or wine from whatever source or by whatever processes produced.
- ALCOHOLIC BEVERAGE or BEVERAGE
- Includes alcohol, spirits, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
- A license issued pursuant to the local laws of the Village of Massapequa Park.
- Any person to whom a license has been issued pursuant to this article.
- Includes any and all distilled or rectified spirits, brandy, whiskey, rum, gin, cordials and similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing.
- Any person to whom a permit has been issued pursuant to the laws of the State of New York and the local laws of the Village of Massapequa Park.
- Includes an individual, copartnership, corporation, society or joint-stock company.
- The number of residents in the Village of Massapequa Park as determined by the last preceding federal census.
- Any transfer, exchange or barter in any manner or by any means whatsoever for consideration or without consideration and includes all sales made by any person, whether principal, proprietor, agent, servant or employee of any establishment. "To sell and serve" includes to solicit or receive or order for, to keep or expose for sale and to keep with the intent to sell.
All other language relating to alcoholic beverages shall be as defined by the definitions in § 3 of Article 1 of the Alcoholic Beverage Control Law of the State of New York, and all other nonalcoholic words shall be given an everyday meaning.
The Village of Massapequa Park shall not issue any permits and/or licenses to enable any building to become occupied as an establishment for the purpose of serving alcoholic beverages for on-premises consumption if said building is located within a two-hundred-foot radius of any other building which is also occupied as an establishment serving alcoholic beverages for on-premises consumption.
Nothing contained herein shall be deemed to prevent the sale, transfer or other disposition of any business licensed by the State Liquor Authority and the Village of Massapequa Park occupying a premises on the effective date of this article.
Nothing herein contained shall be construed directly or indirectly to constitute a waiver or modification of any provision or requirement of any section of any zoning local law or ordinance regulating construction and maintenance or use of any building or the use of any lands situated in the business district.
In order to protect the interests of the village, the Board of Trustees reserves to itself the power to modify specific requirements of this article or any provisions of the village local laws and ordinances to promote the health, welfare and safety of its residents.
Any person violating any provision of this article shall be subject to a minimum fine of $250 or imprisonment for a period not to exceed 15 days, or both, and revocation of his business license issued by the village relating to the use of the premises. Each day's continued violation shall be deemed to constitute a separate violation.