[HISTORY: Adopted by the Board of Trustees
of the Village of Kinderhook as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-8-1997 by L.L. No. 3-1997 (Ch. 30, Art. I, of the 1978 Code)]
[Added 9-10-2003 by L.L. No. 2-2003]
As used in this article, the following terms
shall have the meanings indicated:
Any bottle, glass, can or other receptacle suitable for or
used to hold any liquid.
Drinking from the container, with alcohol on the breath of
the possessor and/or any circumstances evidencing an intent to ultimately
consume on any public lands.
A container, as defined herein, with the contents exposed
to the atmosphere or the seal thereof broken.[1]
[1]
Editor's Note: Former § 30-2, Consumption of alcoholic
beverages in vehicles, which immediately followed this section, repealed
9-10-2003 by L.L. No. 2-2003.
[Amended 4-9-2014 by L.L. No. 1-2014; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
No person shall drink, imbibe or consume any alcoholic beverage
on any public sidewalk or street, alley or roadway, park, playground
or parking lot within the Village of Kinderhook unless in an area
approved by the Village of Kinderhook Board of Trustees. The request
for Board approval to permit consumption of alcoholic beverages within
a public area shall include:
A.
That service and consumption are limited to a specifically identified
and described area or areas to be served by a vendor licensed and
permitted to make alcoholic beverage service pursuant to applicable
New York State and federal laws or regulations; and
B.
Proof of insurance naming the Village of Kinderhook as an additional
insured pursuant to a valid liquor liability policy in an amount sufficient
to the Village Board covering the requested time and place of such
service.
[Amended 9-10-2003 by L.L. No. 2-2003]
No person shall have in their possession with
intent to consume any open bottle or container with liquor, beer,
wine or other alcoholic beverages contained therein while such person
is on a public highway, public street, public park, public recreation
area or public place except those premises for which a permit has
been issued or those premises duly licensed for sale and consumption
of alcoholic beverages on the premises.[1]
[1]
Editor's Note: Former § 30-5, Rule
of evidence, which immediately followed this section, was deleted
9-10-2003 by L.L. No. 2-2003.
Any person committing an offense against any
provision of this article shall be guilty of a violation punishable
by imprisonment for a term not exceeding 15 days or by a fine not
exceeding $250, or by both such fine and imprisonment. The continuation
of an offense against the provisions of this article shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
