[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo Park: Art. I, at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
This article shall be called the "Public Drinking Law."
This article is intended to preserve the public peace, good order, safety and welfare of the people of the Village of Tuxedo Park and to regulate the possession of and the consumption of alcoholic beverages on streets, sidewalks, parking areas and roads within the Village of Tuxedo Park.
For the purposes of this article, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- 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.
- Includes the singular and the plural and shall also mean and include any person, firm or corporation, association, club, copartnership, society or any other organization.
- STREETS, SIDEWALKS, PARKING AREAS AND ROADS
- Any public way or public parking areas used by the public for pedestrian and/or vehicular purposes.
It shall be unlawful for any person to have in his possession, with intent to consume therefrom, any open bottle or container containing an alcoholic beverage or to consume any alcoholic beverage upon any street, sidewalk, parking area and/or road or in any vehicle thereon.
An open bottle or open container in any vehicle shall be presumptive evidence that the same is in possession of all the occupants thereof and in violation hereof.
This article shall not apply:
To any premises duly licensed for sale and/or consumption of alcoholic beverages on the premises.
When a permit has been issued by the Village of Tuxedo Park or other appropriate agency for the public use of any street, sidewalk, parking area and/or road for any authorized function, including but not limited to fairs, parades, block parties and carnivals.
Applicants for a permit under this article shall file with the Village Clerk a sworn application in writing and in duplicate, on a form to be furnished by the Village of Tuxedo Park Police Department.
Upon receipt of such application, the Chief of Police or a Sergeant of the Village of Tuxedo Park Police Department shall cause such application to be reviewed and shall endorse his approval on said application and issue a permit. Such permit shall also contain the name and address of said permittee, the date of issuance and the length of time the same shall be operative. The Police Department shall keep a permanent record of all permits issued.
There shall be no fee payable for either the application or the issuance of the permit.