Town of Schaghticoke, NY Chapter 48 Alcoholic Beverages

[HISTORY: Adopted by the Town Board of the Town of Schaghticoke 6-22-1978 as L.L. No. 1-1978. Sections 48-3, 48-4 and 48-7 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Mass gatherings — See Ch. 86.

§ 48-1 Title.

This chapter shall be known and cited as the "Town of Schaghticoke Local Law No. 1-1978 Regulating Consumption of Alcoholic Beverages in Public Places."

§ 48-2 Legislative intent.

The Town of Schaghticoke 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.

§ 48-3 Definitions. [1]

As used herein, the following words shall have the meanings below set forth:

ALCOHOLIC BEVERAGE

All beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.

CONTAINER

Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.

INTENT TO CONSUME

Includes any of the following:

A. Drinking from the container.

B. Possession with movement of the container to the mouth.

C. Possession with alcohol on the breath of the possessor.

D. Any circumstances evidencing an intent to ultimately consume on any public lands.

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, 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.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 48-4 Prohibited conduct. [1]

No person shall consume or ingest any alcoholic beverage in any public place within the Town of Schaghticoke. 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 with the intent to consume such beverage or a portion thereof shall constitute prima facie evidence of a violation of this section.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 48-5 Presumptive evidence.

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 the possession of all the occupants of said vehicle and in the possession of the person last having control and custody of said vehicle.

§ 48-6 Exceptions.

The foregoing prohibition against drinking alcoholic beverages in public places or possessing open, unsealed, resealed or partially empty bottles, cans 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 a special permit by the Town Board of the Town of Schaghticoke or its authorized official.

§ 48-7 Penalties for offenses. [1]

Any person committing an offense against the provisions of this chapter shall be guilty of a violation punishable by a fine of not more than $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.