[HISTORY: Adopted by the Town Board of the Town of Somers 7-26-1979
by L.L. No. 1-1979. Amendments noted where applicable.]
[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:
Includes all beverages as defined in § 3 of the Alcoholic
Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
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:
