[HISTORY: Adopted by the Board of Trustees
of the Village of Fairport 9-22-1975 by L.L. No. 4-1975 (Ch. 3 of the 1968
Code). Amendments noted where applicable.]
It shall be unlawful for any person to consume
alcoholic beverages within the Village of Fairport:
A.
While in or on a public street, lane, sidewalk, public
parking lot, public or quasi-public place or in any public conveyance.
B.
In a private motor vehicle while the same is in motion
or parked in or upon any public street, lane or public parking lot.
C.
While upon any private property not his own, without
the express permission of the owner or other person having authority
to grant such permission.
[Added 6-9-2008 by L.L. No. 5-2008]
A.
Exceptions. The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Village of Fairport and at which consumption of alcoholic beverages shall be permitted during those hours when such function is open to the public pursuant to a special license issued by the New York State Alcoholic Beverage Control Board. This exception shall apply only in the event that a permit has been obtained by the sponsor of said fair, picnic or other community gathering pursuant to Subsection B below. The foregoing prohibition shall not apply on Liftbridge Lane West. Alcoholic beverages shall be permitted to be consumed at all times. The discretion to amend, limit, restrict or permit the consumption of alcoholic beverages shall be at the sole discretion of the Village of Fairport with respect to this location by authorization of the Village Board.
[Amended 7-12-2021 by L.L. No. 7-2021]
B.
Permits. Upon application duly made not less than
15 days prior to the proposed date of the fair, picnic or other community
gathering, in such form as the Village Clerk shall require, and upon
payment of the required fee as adopted by the Board of Trustees from
time to time, a permit for the allowance of the consumption of alcoholic
beverages upon the occasion of such a fair, picnic or other community
gathering, for hours specified in said permit, shall be issued by
the Village Clerk 10 days after the application is made unless:
(1)
The fair, picnic or other community gathering for
which a permit is sought would conflict with another similar fair
or event for which a permit is to be or has been issued and for which
application was made previous to the application to be rejected.
(2)
The Police Chief shall advise the Mayor, Village Board
and Clerk that the fair, picnic or other community gathering for which
the permit is sought would endanger the public health or safety or
would be detrimental to the public welfare.
(3)
The fair, picnic or other community gathering is to
be held for the purpose of or is designated purely private profit.
C.
Issuance.
(1)
Review of applications. The Village Clerk shall promptly
mail written notice to the Mayor, Village Board, and the Police Chief
of any and all applications for permits under this chapter. If advised
by the Police Chief that the fair, picnic or other community gathering
for which this permit is sought would endanger public health or safety
or be detrimental to the public welfare, the Village Clerk shall promptly
notify the Mayor and the Board of Trustees that he/she has been so
advised and shall refrain from issuing the permit sought until directed
to do so by resolution of the Board of Trustees.
(2)
Contents of permit. Each permit issued under this
chapter shall specify names of the organizations participating; the
name of the person (or if a committee without a chairman, the names
of the members of the committee) chiefly responsible for the organization,
operation and maintenance of the fair, picnic or other community gathering;
a description of the activities planned for the fair, picnic or other
community gathering; a proposal for the insurance coverage to be provided
to the Village of Fairport, the terms, conditions and amount of coverage
to be determined by the Village Administrator; a specific identity
of any and all properties upon which said fair, picnic or other community
gathering will occur; and the hours during which the permit encompasses.
(3)
Conditions. A permit shall be issued only upon the
following conditions:
(a)
Such individual or organization, by its duly
authorized officer, must agree, in writing, to assume full responsibility
for supervising the conduct of the group or individuals benefiting
from such permit and to properly clean up and restore the premises,
after use, to their prior condition.
(b)
Such individual or organization must further
agree, in writing, that access and traffic issues, facilities planning,
food and beverage plans, emergency aid plans and crowd security/safety
issues shall be adequately provided.
(c)
Such individual or organization must further
agree, in writing, that adequate precautions shall be taken to ensure
that minors will not be served or allowed to consume alcoholic beverages
at the permitted event or gathering.
(d)
No alcoholic beverages shall be distributed
or consumed other than on the specific premises described in the permit
and only during the time stated therein.
(e)
No permit shall be issued to any individual
or organization which has previously been issued a permit and has
failed to comply with the provisions thereof.
It shall be unlawful for any person to discard
alcoholic beverage containers within the Village of Fairport upon
any public street, lane, sidewalk, public parking lot, public or quasi-public
place or upon any private property not his own, without the express
permission of the owner or other person having authority to grant
such permission.
[Amended 4-11-1983 by L.L. No. 2-1983[1]]
Any person who shall violate the provisions
of this chapter shall, upon conviction, be punished by a fine of not
less than $25 nor more than $250 or by imprisonment not exceeding
15 days, or by both such fine and imprisonment, for each offense,
or be punished by a sentence of not less than four hours nor more
than 10 hours of community service.
