[HISTORY: Adopted by the Board of Trustees of the Village of Mount Kisco 2-27-1979 as L.L. No. 2-1979. Section 43-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The village of Mount Kisco recognizes that consumption of alcoholic beverages in public places must be adequately controlled so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to health, safety and welfare of the residents of the village, and this chapter is intended to provide such control and regulation.
As used herein, the following words shall have the meanings below set forth:
- ALCOHOLIC BEVERAGE
- Includes all beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
- Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.
- PUBLIC PLACE
- Any highway, street, sidewalk, park, playground, parking lot, shopping center, mall or any other place to which the public or substantial group of persons has access, but excluding those public places wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law.
No person shall consume or ingest any alcoholic beverage in any public place within the Village of Mount Kisco. Carrying on the person or holding or possessing any open, unsealed, resealed or partially full bottle, can or container of an alcoholic beverage in a public place as hereinabove defined shall constitute prima facie evidence of a violation of this section.
Any open, unsealed, resealed or partially full bottle, can or container which contains an alcoholic beverage found in any vehicle in any such public place shall be presumptive evidence that the same is in possession of all the occupants of said vehicle and in possession of the last person having control and custody of said vehicle.
The foregoing probation against drinking alcoholic beverages in public places or possessing open, unsealed, resealed or partially empty bottles, cans or containers of such alcoholic beverage shall not apply nor be a violation of this chapter in the event of a gathering, function or event sponsored by a local fire department, recognized civic organization or recognized church organization or an event which has been granted a special permit by the Village Manager of the Village of Mount Kisco or his designee.
[Amended 7-19-1982 by L.L. No. 4-1982; 8-24-1992 by L.L. No. 9-1992]
Any person committing an offense against any provisions of this chapter shall be punishable as provided in § 1-17B of this Code.