[HISTORY: Adopted by the Town Board of the Town of Sand Lake 9-10-1980
by L.L. No. 2-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 175.
This chapter shall be known and cited as the "Town of Sand Lake L.L.
No. 2-1980 Regulating Consumption of Alcoholic Beverages in Public Places."
The Town of Sand Lake recognizes that consumption of alcoholic beverages
in public places must be adequately controlled so as to prevent public disorder,
nuisances, littering and other acts and conditions detrimental to the health,
safety and welfare of the residents of the town, and this chapter is intended
to provide such control and regulation.
As used herein, the following words shall have the meanings below set
forth:
Includes all beverages as defined in § 3 of the Alcoholic
Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
Any highway, street, sidewalk, beach, park, playground, parking lot,
shopping centers, malls or any other place to which the public or a substantial
group of persons has access, but excluding those public places wherein the
use and consumption of alcoholic beverages is authorized pursuant to a license
or permit issued under the Alcoholic Beverage Control Law.
No person shall consume or ingest any alcoholic beverage in any public
place within the Town of Sand Lake. Carrying on the person, holding or possessing
any open, unsealed, resealed or partially full bottle, can or container of
an alcoholic beverage in a public place as hereinabove defined shall constitute
prima facie evidence of a violation of this section.
No person shall have, possess, carry or transport within the Town of
Sand Lake alcoholic beverages in or upon any public place in open or unsealed
containers, cans, bottles, glasses or cups of any type; and no person shall
drink or otherwise consume alcoholic beverages in or upon any public place
in the Town of Sand Lake.
For the purpose of this chapter, a container shall be regarded as unsealed
when its top or cork has been removed; or any of its contents have been removed;
or the government tax stamp has been removed or broken or, in the case of
a metal container, when the container has been opened in any fashion; or,
in the case of twist-top containers, when the original seal has been broken.
A.
If any individual or organization desires to dispense
alcoholic beverages on premises described in the preceding section in the
Town of Sand Lake, it must apply to the Town Board of the Town of Sand Lake
for permission to do so not less than 15 days prior to the date that it desires
to dispense said beverage. No fee shall be charged. Permission, if granted,
shall be contingent upon the individual or organization securing a license,
if required, from the appropriate Alcoholic Beverage Control Board to dispense
alcoholic beverages. This license shall be displayed to the Town Board, and
said organization shall accept the obligation and responsibility for supervising
and keeping good order and public peace at such event.
B.
No alcoholic beverage shall be consumed other than on
those premises described in the approval resolution issued by the Town Board.
Any open, unsealed or partially full bottle, can or container which
contains an alcoholic beverage found in any vehicle in any such public place
shall be presumptive evidence that the same is in possession of all the occupants
of said vehicle and in possession of the person last having control and custody
of said vehicle.
Any person violating any of the provisions of this chapter shall be
punished, upon conviction, by a fine of not more than $250 for each violation.
Each day that a violation of or failure to comply with any provision of this
enactment or any regulations promulgated hereunder by the Town Board occurs
shall constitute a separate and distinct violation.
