[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton
Beach 6-10-1983 by L.L. No. 6-1983. Amendments noted where applicable.]
A.
The Board of Trustees of the Village of Westhampton Beach
hereby declares and finds it to be in the public interest to prohibit the
possession of open containers of alcoholic beverages by persons on public
premises with the intent to consume the contents of the same, except as is
provided herein.
B.
The purpose of this chapter is to regulate the consumption
of alcoholic beverages on the public streets and ways of the Village of Westhampton
Beach consistent with the legal requirements.
As used in this chapter, the following terms shall have the meanings
indicated:
Any open bottles, cans or containers containing liquor, beer, wine
or other alcoholic beverage, as the same is defined by the Alcoholic Beverage
Control Law of the State of New York, which cannot be reclosed once it has
been opened, such as but not limited to pop-top-type cans, the nonreclosable
nature of which shall be presumptive evidence that the person possessing such
as an open container does so with the intent to consume the contents of the
same.
Any open bottle, can or container containing liquor, beer, wine or
other alcoholic beverage, as the same is defined by the the Alcoholic Beverage
Control Law of the State of New York.
A.
No person shall possess, carry or transport any open
container, as defined herein, with the intent to consume the contents of the
same, nor shall any person consume the contents of the same while such person
is in or upon any public highway, street, walkway, park, recreation area,
building or any other public area or in any vehicle in or upon any of the
aforementioned places, except as is permitted hereunder or except as is properly
permitted at premises duly licensed for the sale and consumption of alcoholic
beverages on the premises.
B.
Any open container in a vehicle or automobile shall be
presumptive evidence that the same is in possession of all occupants of the
vehicle or automobile.
A.
No person shall possess, carry or transport any nonreclosable
open container, as defined herein, the nonreclosable nature of which shall
be presumptive evidence of the intent to consume the contents of the same,
nor shall any person consume the contents of the same while such person is
in or upon any public highway, street, sidewalk, parking area, park, recreation
area, building or other public area or in any vehicle in or upon any of the
aforementioned places, except as is permitted hereunder or except as is properly
permitted at premises duly licensed for the sale and consumption of alcoholic
beverages on the premises.
B.
Any nonreclosable open container in a vehicle or automobile
shall be presumptive evidence that the same is in the possession of all occupants
of the vehicle or automobile.
This chapter shall not apply to individuals or organizations distributing
or consuming alcoholic beverages in local places who do so with a written
permit obtained in advance from the Board of Trustees of the Village of Westhampton
Beach, who may condition such permits upon such terms as the Village Board
of Trustees in its discretion may impose.
Any person violating the provisions of this chapter shall be guilty
of a violation and subject to a fine not exceeding $250 or by imprisonment
for not more than 15 days, or by both a fine and imprisonment.
