Village of Hammondsport, NY
Steuben County
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[HISTORY: Adopted by the Board of Trustees of the Village of Hammondsport 8-1-1983 as L.L. No. 1-1983. Amendments noted where applicable.]
Beaches and waterways — See Ch. 35.
Littering — See Ch. 76.
It is the purpose of this chapter to protect the public interest, welfare, health and safety within the Village of Hammondsport by prohibiting the consumption of alcoholic beverages in public places within the village. The Village Board finds that possession of an open container of an alcoholic beverage in a public place within the village has led to consumption of the same, resulting in public intoxication disorderly conduct, disturbance of the public peace, littering of public places and destruction of property. The Village Board finds, further, that preservation of the public welfare and prevention of conditions which lead to conduct disturbing the public peace, attributable to consumption of alcoholic beverages, can be accomplished by the prohibition of consumption of alcoholic beverages in public places and by restricting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.
The following terms used in this chapter shall have the following meanings, unless the context requires or indicates a different meaning:
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.
Any bottle, can, glass or other receptacle suitable for, or used to hold, any liquid.
Any highway, street, sidewalk, park or playground or municipal property within the village.
[Amended 8-12-1986 by L.L. No. 3-1986]
The Village of Hammondsport.
It shall be a violation of this chapter for any person to:
Consume any alcoholic beverage in any public place within the village.
Have in his possession an open or unsealed container of an alcoholic beverage while in any public place for the purpose of consuming such alcoholic beverage by himself or by another in any public place.
The foregoing prohibition shall not apply to consumption of an alcoholic beverage or possession for the purpose of consumption in any public place, where the same is authorized by license or permit under the laws and regulations of this state and under the regulations of the village, nor shall such prohibition apply to the possession of transporting the same without an intent or indication to consume the same in any public place.
This chapter may be waived by the Village Board of Trustees for special events or for sidewalk restaurant food services as approved by the Village Board of Trustees. During a special event, the Chief of Police for the Village of Hammondsport or officer in charge or the equivalent, and/or his or her designee, may revoke or further limit the permission granted by the Board of Trustees at any time such activity may, in the judgment of the Chief of Police, or his/her designee, disturb the order and peace of the Village or jeopardize the health, safety or welfare of the public.
[Amended 5-12-2009 by L.L. No. 1-2009]
[Added 5-12-2009 by L.L. No. 1-2009[1]]
No person shall be permitted to serve or consume alcoholic beverages on Village of Hammondsport premises, unless an application has been filed and approved by the Village of Hammondsport Board of Trustees, including proof of insurance of a comprehensive general liability policy with a minimum coverage for personal injury of $1,000,000 and property damage of $100,000, which includes liquor liability coverage and also names the Village of Hammondsport as an additional insured. The proof of insurance for a special event must be filed at least 10 business days in advance of the scheduled reservation date. The proof of insurance for a restaurant owner must be in place prior to the issuance of a permit.
The applicant shall be at least 21 years of age and shall assume full and complete responsibility for supervising and requiring safe and proper conduct by those using Village of Hammondsport facilities and compliance with the Alcohol Beverage Control Law when serving or allowing the consumption of alcoholic beverages on the reserved premises.
The applicant shall be responsible and liable for any damage to the premises other than normal wear and tear.
The permit is not assignable or transferable.
A restaurant owner may apply to the Village Board of Trustees for a waiver of this chapter, conditioned upon the following requirements:
The applicant must be engaged in the primary business of food service, with the serving of alcohol to be incidental to the service of a meal;
Hours of service shall not extend past 10:00 p.m. on any night;
Consumption will be limited to those being served by the waitstaff and seated at a table located on the restaurant property adjacent to the building. Any other consumption is strictly prohibited;
Open, unrestricted access of the sidewalk must be maintained to allow for the orderly flow of pedestrian traffic.
Editor's Note: This local law also redesignated former § 32-5, Penalties for offenses, as § 32-6.