[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:
Includes those beverages as now or hereafter defined in § 3,
Subdivision 1, of the Alcoholic Beverage Control Law of the State of New York.
The Board of Trustees of the Village of Westfield, New York.
A firm, partnership, association, corporation, governmental unit
or other legally recognized and constituted entity.
A natural person.
The Village of Westfield, New York.
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.Â
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.Â
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.Â
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.Â
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.Â
Findings.
(1)Â
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)Â
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)Â
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)Â
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.Â
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.Â
ALCOHOLIC BEVERAGE
CONTAINER
MOTOR VEHICLE
OPEN CONTAINER
PUBLIC PLACE
For the purposes of this article, the following words,
phrases and terms and their derivations shall have the meanings given herein:
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.
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
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.
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.Â
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.Â
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)Â
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)Â
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.
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.Â
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.
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.
