[Adopted 9-10-1979 by L.L. No. 3-1979]
The Village Board of the Village of Perry recognizes that the use of
alcoholic beverages within public places and areas in the Village of Perry
must be adequately controlled and regulated so as to prevent public disorder,
littering and other acts that affect the health, safety and welfare of the
residents of the Village of Perry.
As used in this article, the following terms shall have the meaning
indicated:
ALCOHOLIC BEVERAGES
Includes beer, wine, liquor and all other alcoholic beverages as
more specifically defined by § 3 of the New York State Alcoholic
Beverage Control Law.
CONTAINER
Any bottle, glass, cup or similar article containing any alcoholic
beverages. For the purpose of this article, a container shall be deemed opened
if the bottler's or distiller's original seal has been broken.
INTENT TO CONSUME
Includes any of the following:
A.
Drinking from the container.
B.
Possession with movement of the container to the mouth.
C.
Any circumstances evidencing an intent to ultimately consume in any
public place.
PUBLIC PLACE
A place to which the public or a substantial group of persons has
access and includes but is not limited to highways, streets, shopping centers,
parking lots, transportation facilities, schools, places of amusement, parks,
playgrounds, parking areas, hallways, lobbies and any other places open to
or used by the general public. Permitted public places shall be those public
places wherein the use and consumption of alcoholic beverages are authorized
by a permit or license issued pursuant to the Alcoholic Beverage Control Law.
The foregoing restriction shall not apply in the event of a fair, athletic
contest, picnic or other community gathering for which special permission
shall be given by the Village Board.
Violations of this article shall constitute a violation as defined in
the Penal Law of the State of New York.
The penalties for violation of this article shall be a fine not exceeding
$250 or imprisonment for not more than 15 days, or both such fine and imprisonment.