[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point as indicated in article histories. Amendments noted where applicable.]
Article I Consumption in Public
[Adopted 4-27-1999 by L.L. No. 2-1999]
The Board of Trustees of the Incorporated Village of Sands Point (hereinafter the Board of Trustees) finds that the unrestricted consumption of alcoholic beverages in public places within the village leads to public intoxication, disorderly conduct, littering and otherwise threatens public peace and good order. The Board of Trustees further finds that there is a significant relationship between the possession of an open container in a public place with the intent to consume the same and the consumption of alcohol in a public place.
It is, therefore, the intent of the Board of Trustees, in enacting this article, to promote the health, safety and general welfare of village residents by prohibiting the consumption of alcoholic beverages in public places and to restrict the possession of open containers of alcoholic beverages with the intent to consume the same, except as otherwise permitted herein.
For purposes of this article, the following words or phrases have the following meanings, unless the context requires or indicates a different meaning:
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid containing alcohol and capable of being consumed by a human being, but excludes malt beverage products which are labelled as "nonalcoholic" in accordance with the regulations of the Federal Bureau of Alcohol, Tobacco and Firearms.
- Any glass, bottle, can, keg or other receptacle suitable for or used to hold any alcoholic beverage.
- When used in connection with a container, any container which has been perforated or tapped or on which the cap has been loosened or the cork displaced.
- POSSESSION WITH INTENT TO CONSUME
- Having in one's possession or control an alcoholic beverage in a glass, open bottle, open can, tapped keg or other open container so as to permit consumption by the person in possession thereof, or another person, having the purpose of consuming such alcoholic beverage in a public place.
- PUBLIC PLACE
- Any highway, street, sidewalk, park, parking lot, beach, recreation area or any other grounds owned, operated or maintained by a public entity.
It shall be a violation of this article for any person to:
The possession of an open container containing an alcoholic beverage at a public place shall be presumptive evidence that the contents of such open container are intended to be consumed in a public place.
An open bottle or open container in any vehicle at a public place shall be presumptive evidence that the same is in the possession of all the occupants thereof.
The foregoing prohibitions shall not apply to alcoholic beverages purchased and consumed on the premises of The Village Club at Sands Point or to any carnival, fair, picnic or other gathering for which permission has been expressly granted by the Board of Trustees.
Any person violating any provision of this article shall be liable for a fine not to exceed $500 for each offense or by imprisonment not exceeding 15 days, or both.