[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa
Park: Art. I, 7-25-1983 by L.L. No. 10-1983; Art. II, at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, Art I.
[Adopted 7-25-1983 by L.L.
No. 10-1983]
As used in this article, the following terms shall have the meanings
indicated:
A place to which the public or a substantial group of persons has
access, including but not limited to any highway, street, road, sidewalk,
parking area, shopping area, place of amusement, playground, park or beach
located within the Village of Massapequa Park, except that the definition
of a "public place" shall not include those premises duly licensed for the
sale and consumption of alcoholic beverages on the premises or within a person's
private property.
No person shall drink or consume an alcoholic beverage or possess, with
intent to drink or consume, an open container containing an alcoholic beverage
or with the intent to consume said alcoholic beverage in any public place
or to have the same so consumed by another, except at a block party, feast
or similar function for which a permit or written consent has been obtained
from the Incorporated Village of Massapequa Park.
Possession of an open container containing an alcoholic beverage in
any motor vehicle within the village of Massapequa Park by any person shall
create a rebuttable presumption that such person did intend to consume the
contents thereof in violation of this article.
Any person who shall be found to have violated any of the provisions
of this article shall be punished by a mandatory minimum fine of $100 for
each violation thereof or shall be imprisoned up to 15 days in jail, or both.
A.
The municipality of Massapequa Park, pursuant to its
zoning powers, may properly restrict the number of places used for the sale
of alcoholic beverages for on-premises consumption.
B.
A local law prohibiting the use of or the sale of alcoholic
beverages within a particular zone of a building or premises directly devoted
to a similar use is a valid exercise of the zoning powers.
C.
The regulation and control of the location of establishments
making alcoholic beverages available for on-premises consumption shall foster
and permit temperance in the consumption of alcohol and respect for obedience
of the law.
D.
The use of property for the sale of liquor is construed
and deemed by legislative authority to have a more deleterious effect upon
the health and welfare of the community than ordinary business.
E.
A municipality may restrict the number of places where
liquor or other alcoholic beverages are made available for on-premises consumption
within a particular geographical area, and this restriction may differ substantially
from a similar restriction relating to other permitted uses for property.
F.
The power of the state or any subordinate division thereof,
including the municipality of the Incorporated Village of Massapequa Park,
is hereby authorized to act ill the matter to regulate and restrict the use
of property for the business of the sale of liquor, which power is broader
than the power to regulate or restrict property used for ordinary lawful business.
G.
The Village of Massapequa Park has many establishments
licensed by the New York State Liquor Authority for on-premises consumption
of alcoholic beverages. Many problems have been created by the multitude of
such establishments, which has adversely affected the enjoyment of residential
property in areas adjacent to such establishments.
H.
The existence and location of establishments serving
alcoholic beverages within the community has contributed to increased incidents
of vandalism and the destruction of private and public property, which has
imposed significantly difficult problems to the village and its population
in terms of law enforcement.
I.
The existence and location of establishments serving
alcoholic beverages for on-premises consumption within the community has had
a detrimental ecological and environmental impact with the imposition of additional
burdens to the village in such matters as parking, littering and noise control,
as well as other conditions which have all had an adverse impact on the quality
of life.
J.
The existence and location of establishments serving
alcoholic beverages for on-premises consumption within the community has contributed
to the unauthorized use and improper operation of motor vehicles and loitering
and numerous other activities, all of which constitute public and private
nuisances and undesirable conditions for the population of the village, which
justifies the enactment of this article.
K.
The enactment of this article will not adversely affect
any premises occupied by an existing business at its present location licensed
by the New York State Liquor Authority for on-premises consumption of alcoholic
beverages, but only restrict buildings from being occupied by similar establishments
within a two-hundred-foot radius from any other building so occupied. This
will result in substantial savings to the residents of the Village of Massapequa
Park in terms of police and fire protection and vandalism deterrence and will
prevent court congestion.
L.
This article is a valid exercise of the zoning power
of this village and, as such, does not constitute an invasion of the power
of the New York State Liquor Authority.
A.
ALCOHOL
ALCOHOLIC BEVERAGE or BEVERAGE
LICENSE
LICENSEE
LIQUOR
PERMITTEE
PERSON
POPULATION
SERVE
Whenever used in this article, unless the context requires
otherwise, the following terms shall have the meanings indicated:
Ethyl alcohol, hydrated oxide of ethyl or spirit or wine from whatever
source or by whatever processes produced.
Includes alcohol, spirits, 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.
A license issued pursuant to the local laws of the Village of Massapequa
Park.
Any person to whom a license has been issued pursuant to this article.
Includes any and all distilled or rectified spirits, brandy, whiskey,
rum, gin, cordials and similar distilled alcoholic beverages, including all
dilutions and mixtures of one or more of the foregoing.
Any person to whom a permit has been issued pursuant to the laws
of the State of New York and the local laws of the Village of Massapequa Park.
Includes an individual, copartnership, corporation, society or joint-stock
company.
The number of residents in the Village of Massapequa Park as determined
by the last preceding federal census.
Any transfer, exchange or barter in any manner or by any means whatsoever
for consideration or without consideration and includes all sales made by
any person, whether principal, proprietor, agent, servant or employee of any
establishment. "To sell and serve" includes to solicit or receive or order
for, to keep or expose for sale and to keep with the intent to sell.
B.
All other language relating to alcoholic beverages shall
be as defined by the definitions in § 3 of Article 1 of the Alcoholic
Beverage Control Law of the State of New York, and all other nonalcoholic
words shall be given an everyday meaning.
A.
The Village of Massapequa Park shall not issue any permits
and/or licenses to enable any building to become occupied as
an establishment for the purpose of serving alcoholic beverages for on-premises
consumption if said building is located within a two-hundred-foot radius of
any other building which is also occupied as an establishment serving alcoholic
beverages for on-premises consumption.
B.
Nothing contained herein shall be deemed to prevent the
sale, transfer or other disposition of any business licensed by the State
Liquor Authority and the Village of Massapequa Park occupying a premises on
the effective date of this article.
Nothing herein contained shall be construed directly or indirectly to
constitute a waiver or modification of any provision or requirement of any
section of any zoning local law or ordinance regulating construction and maintenance
or use of any building or the use of any lands situated in the business district.[1]
In order to protect the interests of the village, the Board of Trustees
reserves to itself the power to modify specific requirements of this article
or any provisions of the village local laws and ordinances to promote the
health, welfare and safety of its residents.
Any person violating any provision of this article shall be subject
to a minimum fine of $250 or imprisonment for a period not to exceed 15 days,
or both, and revocation of his business license issued by the village relating
to the use of the premises. Each day's continued violation shall be deemed
to constitute a separate violation.
