[HISTORY: Adopted by the Common Council of the City of North Tonawanda as indicated in article histories. Amendments noted where applicable.]
Article I Misrepresenting Age of Minors
Article II Possession and Consumption in Public Places
No person shall within the city limits of North Tonawanda misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any licensee or any employee of any licensee of the New York State Alcoholic Beverage Control Board to sell, serve or deliver any alcoholic beverage to a person under the age of 18 years.
Any person violating any of the provisions of this ordinance shall be subject to a fine of not more than $50 for each offense.
Editor's Note: This ordinance was originally adopted as Ch. 10A but was renumbered so that all legislation regarding alcoholic beverages would be contained in one chapter.
As used in this article, the following terms shall have the meanings indicated:
- OPEN CONTAINER
- Any glass, cup, mug or other drinking utensil, as well as any bottle, can, jug or other vessel for holding liquids, on which the cork, lid, cap or other stopper has been removed, punctured, opened or its seal broken or its closure removed and subsequently replaced or otherwise having the liquid therein made accessible for drinking. Any such open container as described above which is enclosed and sealed inside a separate container or package, however, shall not be within the scope of this meaning.
- PERMITTED PLACE
- Any designated area within the City of North Tonawanda, including its parks and streets, for which a person or group of persons has been granted a use permit upon application to the City of North Tonawanda Director of Youth, Recreation and Parks or the Police Chief, or other permit by the Mayor; also any premises which has been duly licensed by the State of New York for the sale and on-premises consumption of alcoholic beverages.
- PUBLIC PLACE
- Any place or any particular portion of space to which the public or a substantial group of persons has access and includes, but is not limited to, streets, alleys, highways, rights-of-way, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
- ALCOHOLIC BEVERAGE
- The same meaning as the same term is defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
No person shall drink or consume internally any alcoholic beverage in ally public place which is not a permitted place nor in or upon any moving, standing or parked vehicle which is in or upon a public place which is not a permitted place.
Possession of any alcoholic beverage in an open container by any person in or on a public place which is not a permitted place shall constitute a violation of this article.
The Director of Youth, Recreation and Parks, or his designee, and the Chief of Police, or his designee, are hereby authorized to issue permits to grant the use of any designated area within the city's parks wherein the consumption of alcoholic beverages shall be allowed, upon receiving assurances satisfactory to such Director that there will be proper control of such beverages and that such designated area will be left clean and free of any debris or refuse after the termination of such use. In all other public places within the city, the Mayor shall be authorized to issue such permits upon receiving the same assurances as recited above as well as proof of any insurance coverages deemed necessary by the City Attorney.
An application for any permit provided for herein shall contain the name and address of the applicant and, if the applicant is a group or other than an individual person, then it shall also contain the name and address of at least one person who is representative of such group or organization; a reasonable description of the area of such public place for which the permit is sought; and the date and time of such proposed use.
Any permit provided for herein which may be issued shall state the name and address of the applicant and, if the applicant is other than an individual person, then the name and address of a person who is representative of such group or organization; a description of the area of such public place for which the use is granted; the date and time period for which the permit is valid; and any other restriction or requirement that may be imposed on the grant of such use.
The issuance of any permit hereunder shall not in any way be construed to authorize the sale or vending of any alcoholic beverages without the appropriate licenses or permits required by the New York State Alcoholic Beverage Control Law or be construed to authorize any activity, conduct or action otherwise prohibited by said law or any other law of the State of New York or the United States.
A violation of any provision of this article shall be punishable by a fine of up to $50 or a sentence of imprisonment of up to 15 days, or both such fine and imprisonment.