[HISTORY: Adopted by the Board of Trustees of the Village of Islandia
during codification; see Ch. 1, General Provisions, Art. II. Amendments noted
where applicable.]
It is the intent of the Village of Islandia, as an exercise of its police
power, to promote the general health, safety and welfare of the residents
of the village by enacting this chapter, since it is the finding of the Board
of Trustees that the consumption of alcoholic beverages and/or the possession
of open containers of alcoholic beverages by persons on public premises, except
under controlled conditions, is detrimental to the health, safety and welfare
of the residents of the village in that such possession contributes to the
development of unsanitary conditions and the creation of nuisances, including
but not limited to littering and raucous or other disorderly behavior. It
is further the intent of the Board of Trustees of the Village of Islandia
that this chapter not be considered as a traffic regulation insofar as it
relates to motor vehicles or the operation thereof.
For the purpose of this chapter, the following terms shall have the
meanings ascribed to them. All other words shall have the meanings normally
ascribed to them in regular usage.
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer and capable
of being consumed by a human being.
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
Any sidewalk, street, lane, highway, public building, public parking
lot, private business parking lot provided for and open to the use of the
public, public building, public recreation area or other public place or any
privately owned outdoor business place open to the public.
The Village of Islandia.
A.
If any individual or organization desires to have, distribute
or consume alcoholic beverages on public lands in the village, said individual
or organization must apply to the Board of Trustees or its designee for a
permit therefor at least 10 days prior to the date scheduled for using such
beverages. No fee shall be charged for the granting of said permit.
B.
A permit shall be issued only upon the following conditions:
(1)
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.
(2)
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.
(3)
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.
(4)
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 hereof.
It shall be a violation of this chapter for any person to:
This chapter shall apply to all persons on public lands in the village, except as provided in § 49-3 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
