For the purposes of this chapter, the following
shall have the meanings ascribed to them. All other words shall have
the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for,
or used to hold, any liquid.
OUTDOOR COMMERCIAL AREAS
Outdoor parking lots, malls, shopping centers or other outside
areas of any privately owned commercial establishment where the general
public is invited for business purposes.
[Amended 10-18-2010 by L.L. No. 5-2010]
PERMITTED RESTAURANT
A business engaged in the preparation and sale of food and
beverages selected by patrons seated at a table or counter, served
by a waiter or waitress and consumed on the premises which has obtained
site plan approval and a special permit, as appropriate, from the
Planning Board. The term "permitted restaurant" does not include a
business whose principal operation is a carryout restaurant, delicatessen
or fast-food restaurant. No drive-up car service shall be permitted.
[Added 10-18-2010 by L.L. No. 5-2010]
PUBLIC LANDS
Any highway, street, sidewalk, park, playground, municipal
facility or other municipally owned property.
VILLAGE
The Village of Fayetteville.
It shall be a violation of this chapter for
any person to:
A. Consume any alcoholic beverage on any public land
within the Village; or
B. Have in his or her possession any open container containing
any alcoholic beverage on any public lands within the Village; or
C. Have within his or her possession for the purposes
of consumption on public lands by either him- or herself or another
person any open container containing an alcoholic beverage on any
public lands within the Village.
It shall be a violation of this chapter for
any person to:
A. Consume any alcoholic beverage on any outside commercial
area within the Village except for a permitted restaurant; or
[Amended 10-18-2010 by L.L. No. 5-2010]
B. Have in his or her possession any open container containing
any alcoholic beverage on any outside commercial area within the Village;
or
C. Have within his or her possession for the purposes
of consumption on outside commercial area by either him- or herself
or another person any open container containing an alcoholic beverage
on any outside commercial area within the Village.
This chapter shall apply to all persons on public lands or outside commercial areas in the Village except as provided in §
45-5 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 1-23-2012 by L.L. No. 4-2012]
See Ch.
113, Penalties for Offenses.