[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.]
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:
A.
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.
B.
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]]
A.
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.
B.
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.
C.
The applicant shall be responsible and liable for
any damage to the premises other than normal wear and tear.
D.
The permit is not assignable or transferable.
E.
A restaurant owner may apply to the Village Board
of Trustees for a waiver of this chapter, conditioned upon the following
requirements:
(1)
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;
(2)
Hours of service shall not extend past 10:00 p.m.
on any night;
(3)
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;
(4)
Open, unrestricted access of the sidewalk must be
maintained to allow for the orderly flow of pedestrian traffic.
[1]
Editor's Note: This local law also redesignated
former § 32-5, Penalties for offenses, as § 32-6.
