Village of Westfield, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Westfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-4-1986 by L.L. No. 3-1986]
The risk exposure created by the availability, use, consumption, sale and/or distribution of alcoholic beverages without proper liability insurance or other security and financial safeguards presents a direct and immediate threat to the security of the Village and its taxpayers. The Board hereby determines that such activities must be severely limited to protect the public interest.
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE(S)
Includes those beverages as now or hereafter defined in § 3, Subdivision 1, of the Alcoholic Beverage Control Law of the State of New York.
BOARD
The Board of Trustees of the Village of Westfield, New York.
PARTY
A firm, partnership, association, corporation, governmental unit or other legally recognized and constituted entity.
PERSON
A natural person.
VILLAGE
The Village of Westfield, New York.
VILLAGE PROPERTY
Includes any and all real, personal and/or mixed property owned, leased or otherwise directly controlled, supervised and managed by the Village.
No person or party shall sell, give away, distribute, serve, consume or drink any alcoholic beverage(s) in or upon Village property at any time, subject to the exceptions set forth in § 64-4 of this article.
In its sole discretion, the Board may, by majority affirmative vote, authorize alcoholic beverages in or upon Village property for specific and identified events or functions when the person or party hosting, sponsoring or operating the event or function complies with all of the following conditions:
A. 
The person or party must make written application to the Village for the event or function at least 30 days prior to the date of the event or function.
B. 
The person or party provides to the Village at least three days prior to the date of the event or function a nonrevocable certificate of insurance showing that the person or party has procured and is maintaining for the duration of the event or function a policy, as the facts and circumstances require, of either legal liquor or host liquor liability insurance on which the Village and its officers and employees are named as additional insureds for purposes of coverage only and not for payment of premium.
C. 
The person or party signs a statement agreeing that under no circumstances shall any person under the age of 21 years be served, sold, given or allowed to drink or consume any alcoholic beverage at the event or function.
[Amended 10-30-1995 by L.L. No. 5-1995]
Any person, firm or corporation who or which shall violate any of the provisions of this article shall be guilty of an offense and shall be subject to a fine not exceeding $250 or a term of imprisonment not exceeding 15 days, or both. Each day's continued violation shall constitute a separate offense.
[1]
Editor's Note: Original Section V, Subsection A, regarding posting of copies, was deleted 10-30-1995 by L.L. No. 5-1995.
[Adopted 10-30-1995 by L.L. No. 5-1995]
This article shall be entitled a "Local Law Regulating Open Containers of Alcoholic Beverages in Public Places in the Village of Westfield."
A. 
Purpose. The purpose of this article is to protect and promote the safety, health and well-being of the people of the Village of Westfield and to regulate the conduct of persons in the Village of Westfield by prohibiting the consumption of alcoholic beverages in public places and on property owned or leased by another person without the invitation or consent of such person.
B. 
Findings.
(1) 
The Board of Trustees of the Village of Westfield finds that the possession or consumption of alcoholic beverages in public streets and public places, except under certain conditions, is detrimental to the health, safety and welfare of the residents of the Village of Westfield, causes unsightly and unsanitary conditions, creates a nuisance and interferes with the peace and good order of said Village.
(2) 
The Board of Trustees further finds that the possession or consumption of alcoholic beverages on public streets and public places is a serious, substantial and significant cause of persons (especially persons who are under the legal age for alcoholic consumption) becoming unruly, disruptive, disorderly, uncontrollable, obnoxious, offensive and of a general character detrimental to the health, welfare and peaceful orderliness of the community. In addition, the allowance of possession or consumption of alcoholic beverages on public streets and public places has been proven to be a significant and substantial cause in the congregation of persons who in turn significantly and substantially cause and promote unruly, disruptive, disorderly, uncontrollable, obnoxious, offensive and generally detrimental behavior.
(3) 
The Board of Trustees further finds that there is a significant relationship between the possession of an open or unsealed container of an alcoholic beverage on public streets or places and the general health, welfare and safety of the public and that it has been demonstrated to this Board of Trustees that the allowance of open or unsealed containers of alcoholic beverages is the most significant and substantial factor contributing to the consumption of such alcoholic beverages.
(4) 
The Board of Trustees further finds that this article is necessary and proper to promote the health, welfare and safety of the general public and that the restrictions on conduct created by this article are not unduly harsh or restrictive and are necessary and proper pursuant to the police power of the Village of Westfield.
A. 
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, words used in the singular number include the plural and words in the masculine include the feminine.
B. 
For the purposes of this article, the following words, phrases and terms and their derivations shall have the meanings given herein:
ALCOHOLIC BEVERAGE
Includes, alcohol, spirits, liquor, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
MOTOR VEHICLE
Every vehicle, including a snowmobile, which is or can be operated or driven upon a public highway and which is propelled by any power other than muscular power, other than a public omnibus used in the business of transporting passengers for hire.
(1) 
Any container of an alcoholic beverage shall be deemed open or opened if the bottler's or distiller's original seal or closure has been broken or removed; or
(2) 
Any open, resealed or partly filled container containing any quantity of an alcoholic beverage.
PUBLIC PLACE
A place in the Village of Westfield to which the public or a substantial group of persons has access and includes, but is not limited to, highways, sidewalks, parking areas, parks, playgrounds, shopping centers, schoolyards and hospital grounds or other public places as defined by § 240.00 of the Penal Law of the State of New York.
A. 
No person shall drink an alcoholic beverage or have in his possession any open bottle, can or other container of alcoholic beverage while such person is in a public place or on property owned or leased by another person without the invitation or consent of such person.
B. 
No person shall drink an alcoholic beverage or have in his or her possession any open container of an alcoholic beverage with intent to consume such alcoholic beverage in any of the following circumstances:
(1) 
While such person is the operator of or an occupant or passenger in or of a motor vehicle which is parked, standing or being operated in a public place or on the property owned or leased by another without the invitation or consent of such other person.
(2) 
While such person is the operator of or occupant or passenger in an animal-drawn conveyance, such as a wagon or sleigh, which is parked, standing or being operated in a public place or on the property owned or leased by another without the invitation or consent of such other person.
C. 
Presumptions.
(1) 
The possession of an open bottle or open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that such open bottle or open container is intended to be consumed in a public place.
(2) 
An open bottle or open container in any vehicle while in or on any public sidewalk, street, highway, parking lot, public park or other public place as defined by § 64-8 of this article, shall be presumptive evidence that the same is in the possession of all the occupants thereof.
No person less than 21 years of age shall possess any alcoholic beverage excepting on property owned by them or their parents or in the capacity of their employment.
A. 
Any facility or establishment licensed to serve or dispense alcoholic beverages by the State Liquor Authority or other authority pursuant to the Alcoholic Beverage Control Law of the State of New York is exempt from this article.
B. 
This article shall not apply to the consumption or possession of alcoholic beverages in the Village of Westfield parks by persons who have a valid permit issued therefor. This exemption shall not apply to § 64-10.
C. 
This article shall not apply to and within the bounds of a neighborhood block party, provided that prior approval is granted by the Village Board of Trustees for the holding of the block party. This exemption shall not apply to § 64-10.
Any person violating any of the provisions of this article shall be punished, upon conviction, by a fine not exceeding $250 or confinement to a maximum term of imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.