Town of Rotterdam, NY Chapter 72 Alcoholic Beverages

[HISTORY: Adopted by the Town Board of the Town of Rotterdam 7-9-2003 by L.L. No. 9-2003. Amendments noted where applicable.]

GENERAL REFERENCES

Mass gatherings — See Ch. 180.

Parks and playgrounds — See Ch. 194.

§ 72-1 Open containers in public places prohibited.

A. No person shall have in his possession within the Town of Rotterdam an open container of alcoholic beverage, with the intent to consume the same, while said person is in any public place, including but not limited to any public highway, public street, public sidewalk, public alley, public parking lot or public area, except for locations licensed for the sale of alcoholic beverages by the State of New York.

B. The possession within the Town of Rotterdam of an open or unsealed bottle or container of an alcoholic beverage while such person is in any public place as referred to in Subsection A above is presumptive evidence of possession of the same with the intent to consume said alcoholic beverage while such person is in said public place.

§ 72-2 Consumption in public places prohibited.

No person shall drink or otherwise consume any liquor, wine, beer or other alcoholic beverage while such person is in any public place, including but not limited to any public highway, public street, public sidewalk, public alley, public parking lot or public area, except for locations licensed for the sale of alcoholic beverages by the State of New York.

§ 72-3 Penalties for offenses.

[Added 12-12-2018 by L.L. No. 12-2018]

Any person, firm or corporation who shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall, upon conviction thereof, be punished by a fine of no less than $250 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $500 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both. Each day of continued violation shall constitute a separate, additional offense.