[HISTORY: Adopted by the Common Council of the City of North
Tonawanda as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-29-1959]
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.
[Adopted 9-15-1998][1]
[1]
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:
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.
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.
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.
The same meaning as the same term is defined in § 3
of the Alcoholic Beverage Control Law of the State of New York.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
