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Village of Fairport, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fairport 9-22-1975 by L.L. No. 4-1975 (Ch. 3 of the 1968 Code). Amendments noted where applicable.]
It shall be unlawful for any person to consume alcoholic beverages within the Village of Fairport:
A. 
While in or on a public street, lane, sidewalk, public parking lot, public or quasi-public place or in any public conveyance.
B. 
In a private motor vehicle while the same is in motion or parked in or upon any public street, lane or public parking lot.
C. 
While upon any private property not his own, without the express permission of the owner or other person having authority to grant such permission.
[Added 6-9-2008 by L.L. No. 5-2008]
A. 
Exceptions. The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Village of Fairport and at which consumption of alcoholic beverages shall be permitted during those hours when such function is open to the public pursuant to a special license issued by the New York State Alcoholic Beverage Control Board. This exception shall apply only in the event that a permit has been obtained by the sponsor of said fair, picnic or other community gathering pursuant to Subsection B below.
B. 
Permits. Upon application duly made not less than 15 days prior to the proposed date of the fair, picnic or other community gathering, in such form as the Village Clerk shall require, and upon payment of the required fee as adopted by the Board of Trustees from time to time, a permit for the allowance of the consumption of alcoholic beverages upon the occasion of such a fair, picnic or other community gathering, for hours specified in said permit, shall be issued by the Village Clerk 10 days after the application is made unless:
(1) 
The fair, picnic or other community gathering for which a permit is sought would conflict with another similar fair or event for which a permit is to be or has been issued and for which application was made previous to the application to be rejected.
(2) 
The Police Chief shall advise the Mayor, Village Board and Clerk that the fair, picnic or other community gathering for which the permit is sought would endanger the public health or safety or would be detrimental to the public welfare.
(3) 
The fair, picnic or other community gathering is to be held for the purpose of or is designated purely private profit.
C. 
Issuance.
(1) 
Review of applications. The Village Clerk shall promptly mail written notice to the Mayor, Village Board, and the Police Chief of any and all applications for permits under this chapter. If advised by the Police Chief that the fair, picnic or other community gathering for which this permit is sought would endanger public health or safety or be detrimental to the public welfare, the Village Clerk shall promptly notify the Mayor and the Board of Trustees that he/she has been so advised and shall refrain from issuing the permit sought until directed to do so by resolution of the Board of Trustees.
(2) 
Contents of permit. Each permit issued under this chapter shall specify names of the organizations participating; the name of the person (or if a committee without a chairman, the names of the members of the committee) chiefly responsible for the organization, operation and maintenance of the fair, picnic or other community gathering; a description of the activities planned for the fair, picnic or other community gathering; a proposal for the insurance coverage to be provided to the Village of Fairport, the terms, conditions and amount of coverage to be determined by the Village Administrator; a specific identity of any and all properties upon which said fair, picnic or other community gathering will occur; and the hours during which the permit encompasses.
(3) 
Conditions. A permit shall be issued only upon the following conditions:
(a) 
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.
(b) 
Such individual or organization must further agree, in writing, that access and traffic issues, facilities planning, food and beverage plans, emergency aid plans and crowd security/safety issues shall be adequately provided.
(c) 
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.
(d) 
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.
(e) 
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 thereof.
It shall be unlawful for any person to discard alcoholic beverage containers within the Village of Fairport upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his own, without the express permission of the owner or other person having authority to grant such permission.
[Amended 4-11-1983 by L.L. No. 2-1983[1]]
Any person who shall violate the provisions of this chapter shall, upon conviction, be punished by a fine of not less than $25 nor more than $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment, for each offense, or be punished by a sentence of not less than four hours nor more than 10 hours of community service.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).