Town of Somers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Somers 7-26-1979 by L.L. No. 1-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Places of entertainment — See Ch. 90.
Alcoholic beverages in parks — See Ch. 128.
[Adopted 7-26-1979 by L.L. No. 1-1979]
This Article shall be known and cited as the "Town of Somers Local Law No. 1-1979 Regulating Consumption of Alcoholic Beverages in Public Places."
The Town of Somers recognizes that consumption of alcoholic beverages in public places must be adequately controlled so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the town, and this Article is intended to provide such control and regulation.
As used herein, the following words shall have the meaning below set forth:
ALCOHOLIC BEVERAGE
Includes all beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
CONTAINER
Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.
PUBLIC PLACE
Any highway, street, sidewalk, park, playground, parking lot, shopping center, mall or any other place to which the public or a substantial group of persons has access, but excluding those public places wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law.
No person shall consume or ingest any alcoholic beverage in any public place within the Town of Somers. Carrying on the person, holding or possessing any open, unsealed, resealed or partially full bottle, can or container of an alcoholic beverage in a public place as hereinabove defined shall constitute prima facie evidence of a violation of this section.
The foregoing prohibition against drinking alcoholic beverages in public places or possessing open, unsealed, resealed or partially empty bottles, cans or containers of such alcoholic beverage shall not apply nor be a violation of this Article in the event of a gathering which has been granted a special permit by the Town Board of the Town of Somers or its authorized official.[1]
[1]
Editor's Note: By resolution adopted 8-9-1979, the Town Board designated the Superintendent of Parks and Recreation as the issuing agent for permits under this section.
Any person, upon conviction for violation of this Article, shall be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law, which shall be punishable as follows:
A. 
For a first offense, by payment of a fine not exceeding $50 or by imprisonment for 10 days, or by both such fine and imprisonment.
B. 
For a second or subsequent offense, by payment of a fine not exceeding $100 or by imprisonment for 15 days, or by both such fine and imprisonment.