Town of Eden, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Eden 11-26-1980 by L.L. No. 1-1980. Amendments noted where applicable.]
It is the intent of the Town of Eden, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the town by enacting this chapter, since it is the finding of the Town Board that the consumption of alcoholic beverages and/or the possession of open containers of alcoholic beverages by persons on public premises, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the town and contributes to the development of unsanitary conditions and the creation of nuisances. It is further the intent of the Town Board of the Town of Eden that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
No person shall have, possess, carry or transport any liquor, wine, beer or other alcoholic beverage in an open bottle or other open container in or upon any public sidewalk, street, lane, highway, building, parking lot, park or recreation area or other public property, or in any vehicle upon such area, within the Town of Eden. No person shall drink or otherwise consume any liquor, wine, beer or other alcoholic beverage in or upon any of the aforesaid public areas or property within the Town of Eden.
A. 
If any individual or organization desires to have, distribute or consume alcoholic beverages on public property in the Town of Eden, said individual or organization must apply to the Chief of Police of the Town of Eden or his or her duly authorized representatives for a permit therefor at least three days prior to the date scheduled for using such beverages. A fee as set forth in the Standard Schedule of Fees on file in the town offices shall be charged for the granting of said permit.
B. 
A permit shall be issued only upon the following conditions:
(1) 
Such individual or organization, by its duly authorized officer, must agree, in writing, to assume full responsibility for supervising the conduct of the group or individuals benefiting from such permit and to properly clean up and restore the premises, after use, to their prior condition.
(2) 
Such individual or organization must further agree, in writing, that adequate precautions shall be taken to ensure that minors will not be served or allowed to consume alcoholic beverages at the permitted event or gathering.
(3) 
No alcoholic beverages shall be distributed or consumed other than on the specific premises described in the permit and only during the time stated therein.
(4) 
No permit shall be issued to any individual or organization which has previously been issued a permit and has failed to comply with the provisions hereof.
No person shall discard alcoholic or other beverage containers upon any public sidewalk, street, lane, highway, parking lot, park or recreation area, or other public property within the Town of Eden, without express permission of the Town of Eden.
The violation of any of the provisions of this chapter shall be punishable by a maximum of $250 or by imprisonment for 15 days, or by both such fine and imprisonment. Each day any violation shall continue shall constitute a separate violation.