[HISTORY: Adopted by the Board of Trustees of the Village of Tivoli 7-14-1980 by L.L. No. 1-1980. Amendments noted where applicable.]
This chapter shall be known and cited as the "Village of Tivoli L.L. No. 1-1980, Regulating Consumption of Alcoholic Beverages in Public Places."
The Village of Tivoli recognizes that consumption of alcoholic beverages in public places must be adequately controlled so as to prevent public disorder, nuisance, littering, vandalism and other acts and conditions detrimental to the health, safety and welfare of the residents of the village, and this chapter is intended to provide such control and regulation.
As used herein, the following words shall have the meanings below set forth:
- ALCOHOLIC BEVERAGE
- 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 receptacle suitable for or used to hold any liquid.
- Includes a fair, picnic, block party and church, civic, fraternal and Fire Department affairs or other community or public gathering in any public place.
- INTENT TO CONSUME
- Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent to ultimately consume on any public lands.
- OPEN CONTAINER
- A container with the contents exposed to the atmosphere or the seal thereof broken.
- PUBLIC PLACE
- Any highway, street, sidewalk, park, playground, parking lots, shopping centers, malls or any other place to which the public or a substantial group of persons has access, including a public parking lot or driveway for one or more vehicles used by patrons of any commercial, industrial, professional or eleemosynary place of business, but excluding the interior of premises 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 possess, carry or transport with the intent to consume or actually consume any liquor, beer, wine or other alcoholic beverage in any open container in any public place or in a motor vehicle, as defined by the Vehicle and Traffic Law of the State of New York, which is parked or moving on or over a public place.
This chapter shall not apply to any event as above defined for which a special permit shall have been issued by the Village Board pursuant to such regulations as it may deem proper to establish.
The existence of any open bottle, can or other container containing any alcoholic beverages found in any motor vehicle, except a public omnibus, shall be deemed presumptive evidence that the same is in the possession of all the occupants thereof and in violation of this chapter.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense.