Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
Chapter 85 Alcoholic Beverages
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 4-28-1980 by L.L. No. 8-1980 (Ch. 110 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 221.
Parks — See Ch. 225.
For the purpose of this chapter, the terms used herein are defined as follows:
ALCOHOLIC BEVERAGES
Any liquid intended for human consumption containing more than 1/2% of 1% by volume of alcohol.
EVENT
A fair, picnic, block party or other community gathering in any public place.
PUBLIC PLACE
A place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park or beach located within the Village of Lancaster, except that the definition of a "public place" shall not include any public parks owned and operated by the County of Erie or those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.
A. 
Possession of alcoholic beverages is prohibited unless otherwise authorized by the ordinances or local laws of the Village of Lancaster, and, except as hereinafter provided, no person shall have an open bottle, can or other container containing any alcoholic beverage in his possession in or on any public place in the Village of Lancaster or in a motor vehicle, defined by the Vehicle and Traffic Law, which is parked or moving on or over a public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.
B. 
Consumption of alcoholic beverages is prohibited except as herein provided. No person shall consume alcoholic beverages in or on any public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.
C. 
Presumption of possession. The existence of any open bottle, can or other container containing any alcoholic beverages found in any motor vehicle, except a public omnibus, shall be deemed presumptive evidence that the same is in the possession of all the occupants thereof and in violation of this chapter.
A. 
At least 10 days prior to the proposed date of an event, any person may apply to the Village Clerk on his own behalf or on behalf of an organization for a permit to possess and consume any alcoholic beverages described herein during or in the conduct of an event.
B. 
The application shall contain the following information:
(1) 
The name of the applicant and the address and telephone number. Where the applicant is an organization, the name and address of the organization and its officers shall be given.
(2) 
The purpose of the event, the date when it is proposed to be held, the approximate time when this event will start and terminate and the location of the assembly area.
(3) 
Such other information as the Village Clerk may deem reasonably necessary.
C. 
Where the Village Clerk shall determine that the proposed event is of such character, size and location as to be appropriate to and in harmony with the surrounding area and that the public health, morals, safety and general welfare of such neighborhood will not be endangered by the granting of such permit, he shall issue a permit conditioned upon the applicant's written agreement to comply with the terms of such permit.
D. 
Upon a denial by the Village Clerk of an application made pursuant to Subsection A hereof, the applicant may appeal the determination of the Village Clerk of the Board of Trustees by filing a written notice of appeal for hearing by the Board at its next meeting.
E. 
The Village Clerk may waive the requirements of this section where, in his opinion, any irregularity or noncompliance would not endanger the public health, morals, safety and general welfare of such neighborhood and where strict compliance would result in unreasonable hardship upon the applicant.
If any provision of this chapter is inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
A violation of any provision of this chapter shall constitute an offense punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both. Each violation of this chapter shall be deemed a separate violation.