[HISTORY: Adopted by the Town Board of the Town of Oneonta 9-14-1988 by L.L. No.
1-1988. Amendments noted where applicable.]
A.
The
Town Board finds that the unrestricted consumption of alcoholic beverages
in certain public places often leads to disorders, related problems
and litter and is disturbing to the public and threatens peace and
good order.
B.
The
purpose of this chapter in the exercise of the Town's police
power under Municipal Home Rule Law, § 10, and Town Law,
§ 130, is to prohibit the consumption of alcoholic beverages
in public places in order to prevent disorderly behavior and litter
and to protect the public health, safety and welfare and to promote
the public good.
No person shall, within the Town of Oneonta, drink or otherwise
consume liquor, wine, beer or other alcoholic beverages while such
person is in or upon any public sidewalk, street, highway, parking
lot, public park or such other public place as defined by § 240.00
of the Penal Law of the State of New York.
No person shall carry or have in his or her possession, within the Town of Oneonta, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in § 3-2 of this chapter.
A.
The
possession of an open bottle or open container unwrapped or which
has the top exposed in a public place as herein defined shall be presumptive
evidence that such open bottle or open container is intended to be
consumed in a public place.
B.
An
open bottle or open container in any vehicle while in or on any public
sidewalk, street, highway, parking lot, public park or other public
place as defined by § 240.00 of the Penal Law of the State
of New York shall be presumptive evidence that the same is in the
possession of the driver.
[Amended 6-14-2006 by L.L. No. 2-2006]
A.
The
foregoing prohibition shall not apply to a fair, picnic or other community
gathering for which a special permit has been issued under this section.
B.
A
special permit shall be issued by the Town Board, upon application
to the Town Clerk, for a fair, picnic or other community gathering
to be held outside of a Town park.
C.
A
special permit shall be issued by the Town Clerk upon application
for a fair, picnic or other community gathering to be held at a Town
park.
D.
A
special permit issued pursuant to this section shall be subject to
the following conditions:
(1)
Permits shall be issued for beer and wine, only.
(2)
Alcoholic beverages must be served in nonglass containers and may
be consumed only in areas specified in the special permit application.
(3)
No person under the age of 21 may possess or consume alcoholic beverages.
(4)
Service of alcoholic beverages must end one hour before the conclusion
of the event.
(5)
If a caterer is employed to dispense the alcoholic beverages, the
application must include copies of all required permits and licenses
as well as the certificate of public liability insurance in the amount
of $1,000,000 naming the Town as an additional insured.
Any person violating any provision of this chapter shall be
subject to a fine not to exceed $100 or imprisonment for not more
than 10 days, or both, for each offense.
