[HISTORY: Adopted by the Board of Trustees of the Village of Groton 3-21-1983
as L.L. No. 1-1983. Section 63-5 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
GENERAL REFERENCES
Municipal parks and swimming pools — See Ch. 145.
[Amended 11-16-1987 by L.L. No. 6-1987]
The Village Board of the Village of Groton hereby finds that the consumption
of alcoholic beverages in public, particularly on public property, constitutes
a hazard to the general health, safety and welfare of the residents of and
visitors to the Village of Groton and does further find that the possession,
transportation and use of open containers of alcoholic beverages is reasonably
related to the conduct of consumption of alcoholic beverages in public, such
that the prohibition of possession, transportation and use of open containers
of alcoholic beverages within certain areas of the Village of Groton will
promote the general health, safety and welfare of the residents of and visitors
to the Village of Groton.
As used in this chapter, the following terms shall have the meanings
indicated:
Liquor, beer, wine, whiskey or other spirits containing alcohol and
used for human consumption.
A bottle, can or other container on which the manufacturer's
seal or tax stamp affixed has been broken, whether or not any portion of the
contents of such container has been removed.
[Added 11-16-1987 by L.L. No. 6-1987]
Publicly owned property, inclusive, without limitation, of public
parks and swimming pools, and privately owned property customarily open to
the public for commercial or other purposes, including but not limited to
sidewalks, driveways, parking lots and mobile home roads.
[Amended 11-16-1987 by L.L. No. 6-1987]
Any highway, road, street, avenue, public way, public driveway or
any other public place.
A.
Except as otherwise provided in this chapter, no person
shall have, possess, carry or transport an alcoholic beverage in an open container
in or upon any public street or highway or public place defined above in the
Village of Groton with the intent to consume said alcoholic beverage in or
upon such public street or highway or public place in the Village of Groton,
and no person shall drink or otherwise consume alcoholic beverages in or upon
any public street or highway or public place in the Village of Groton.
[Amended 11-16-1987 by L.L. No. 6-1987]
B.
This chapter shall not apply to any private property
where the individual in lawful possession of such property has expressly given
consent to such activity.
C.
The possession of an open bottle, can or other open container containing an alcoholic beverage in or upon any public street or public place in the Village of Groton, as the same is defined in § 63-2 of this chapter, is presumptive evidence of possession of such an open container of an alcoholic beverage with the intent to consume its contents in or upon a public street or highway or public place within the Village of Groton. The trier of fact in any prosecution pursuant to this chapter may but shall not be required to draw the inference set forth in this subsection.
[Added 11-16-1987 by L.L. No. 6-1987]
A.
Suspension of this chapter with respect to specific places
at specific times for the purposes of special nonprofit events sponsored by
charitable or not-for-profit organizations or others shall be permitted at
the discretion of the Village Board. The village shall not be liable to any
person, corporation or organization for its refusal to grant a permit hereunder.
B.
An application for such exception or suspension of this
chapter shall be made, in writing, to the Board of Trustees and submitted
to the Village Clerk at least one day prior to a meeting of the Village Board
preceding the scheduled date for the proposed public event. Such application
shall state the date and times proposed for the public event, the nature of
the event, the exact place in the village where such event is to occur, the
names of all sponsors of the event, the number of people expected at the event
and the types of alcoholic beverages to be consumed. The applicants shall
also provide a guaranty that all damages and all litter resulting from the
event or persons participating in or attending the event shall be repaired
or cleaned up by the sponsors of the event and that any costs incurred by
the village for repairs or cleaning shall be paid by the sponsors. If required
by the Village Board, the sponsors shall post a bond for the payment of such
costs.
C.
No permit by the Village Board for any special event
shall be deemed a substitute for a permit for the sale or serving of alcoholic
beverages as may be required by the State Liquor Authority or Alcoholic Beverage
Control Board.
