[HISTORY: Adopted by the Town Board of the Town of Guilderland 7-14-1981 by L.L. No. 4-1981 (Subpart 15, Div. 2, of the 1974 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- INTENT TO CONSUME
- Includes any of the following:
- OPEN CONTAINER
- Any bottle, can or container containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York.
No person shall have in his possession with intent to consume any open bottle or other open container containing liquor, beer, wine or other alcoholic beverage while such person is in or upon any public sidewalk, street, lane, highway, shopping area, place of amusement, park, playground area, public building, public or commercial parking lot or parking area serving a commercial, industrial, professional or eleemosynary place of business, or other public place, or in any vehicle in any such place, except premises duly licensed for sale and consumption of alcoholic beverages on the premises.
An open bottle or open container in any vehicle shall be presumptive evidence that the same is in possession with intent to consume of all the occupants thereof.
Notwithstanding any provision of this chapter, it shall not be unlawful for any person to consume an alcoholic beverage in any public park, playground or other public area under the ownership, control or supervision of the Town of Guilderland, provided that such alcoholic beverage is consumed pursuant to a permit therefor issued by the Town of Guilderland, or any duly authorized officer or agent thereof, pursuant to any local law, ordinance, resolution, rule or regulation duly enacted, adopted or promulgated by the Town of Guilderland or by any duly authorized board, officer or agent thereof.