[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-27-1999 by L.L. No. 2-1999]
A.
The Board of Trustees of the Incorporated Village
of Sands Point (hereinafter the Board of Trustees) finds that the
unrestricted consumption of alcoholic beverages in public places within
the village leads to public intoxication, disorderly conduct, littering
and otherwise threatens public peace and good order. The Board of
Trustees further finds that there is a significant relationship between
the possession of an open container in a public place with the intent
to consume the same and the consumption of alcohol in a public place.
B.
It is, therefore, the intent of the Board of Trustees,
in enacting this article, to promote the health, safety and general
welfare of village residents by prohibiting the consumption of alcoholic
beverages in public places and to restrict the possession of open
containers of alcoholic beverages with the intent to consume the same,
except as otherwise permitted herein.
For purposes of this article, the following
words or phrases have the following meanings, unless the context requires
or indicates a different meaning:
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid containing alcohol and capable of being consumed
by a human being, but excludes malt beverage products which are labelled
as "nonalcoholic" in accordance with the regulations of the Federal
Bureau of Alcohol, Tobacco and Firearms.
Any glass, bottle, can, keg or other receptacle suitable
for or used to hold any alcoholic beverage.
When used in connection with a container, any container which
has been perforated or tapped or on which the cap has been loosened
or the cork displaced.
Having in one's possession or control an alcoholic beverage
in a glass, open bottle, open can, tapped keg or other open container
so as to permit consumption by the person in possession thereof, or
another person, having the purpose of consuming such alcoholic beverage
in a public place.
Any highway, street, sidewalk, park, parking lot, beach,
recreation area or any other grounds owned, operated or maintained
by a public entity.
It shall be a violation of this article for
any person to:
A.
The possession of an open container containing an
alcoholic beverage at a public place shall be presumptive evidence
that the contents of such open container are intended to be consumed
in a public place.
B.
An open bottle or open container in any vehicle at
a public place shall be presumptive evidence that the same is in the
possession of all the occupants thereof.
The foregoing prohibitions shall not apply to
alcoholic beverages purchased and consumed on the premises of The
Village Club at Sands Point or to any carnival, fair, picnic or other
gathering for which permission has been expressly granted by the Board
of Trustees.
Any person violating any provision of this article
shall be liable for a fine not to exceed $500 for each offense or
by imprisonment not exceeding 15 days, or both.
