No person shall possess any alcoholic beverages
in the Village of LeRoy with the intent to consume in a public place,
as defined by § 240.00 of the Penal Law of the State of
New York, namely, "public place" means a place to which the public
or a substantial group of persons has access and includes, but is
not limited to, highways, 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. Any alcoholic beverage found to be
in the possession of persons in such public place shall be confiscated.
The foregoing restrictions shall not apply in
the event of a fair, picnic or other community gathering for which
special permission has been issued by the Board of Trustees and for
which a special license has been issued by the Alcoholic Beverage
Control Board, and, in addition thereto, the Board of Trustees, acting
through the Village Administrator/Village Clerk, may issue a picnic
permit for the use of the Village Park or Village Building for groups
of persons so requesting under conditions and subject to rules and
regulations which may from time to time be established by the Board.
This permit may allow the consumption of alcoholic beverages in such
public places.
[Amended 1-23-2008 by L.L. No. 2-2008]
Unlawful possession of alcoholic beverages in
a public place is a violation punishable by a fine of $50 for the
first such violation; a second violation shall be punishable by up
to 10 hours community service and/or a fine of $50; a third or subsequent
violation shall be punishable by a fine up to $100 and/or 15 days
in jail.