[HISTORY: Adopted by the Board of Trustees
of the Village of Shortsville 7-26-1977 by L.L. No. 7-1977. Amendments noted where
applicable.]
GENERAL REFERENCES
Parks — See Ch. 69.
[Amended 1-8-2002 by L.L. No. 1-2002]
A.
No person shall, within the Village of Shortsville,
drink or otherwise consume liquor, wine, beer or any other alcoholic
beverage while such person is in or upon any public sidewalk, street,
highway, parking lot, bathing beach, public park or such other public
place as defined in § 240.00 of the Penal Law of the State
of New York.
B.
No person shall carry or have in his or her possession within the Village of Shortsville any open bottle or open container containing liquor, wine, beer or any other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in Subsection A of this section.
C.
Presumptions.
(1)
The possession of an open bottle or open container
unwrapped or with the top exposed in a public place as herein defined
shall be presumptive evidence that the contents of such bottle or
open container are intended to be consumed in a public place.
(2)
An open bottle or open container in any vehicle while
in or on any public sidewalk, street, highway, parking lot, bathing
beach, public park or other public place as defined in § 240.00
of the New York State Penal Law shall be presumptive evidence that
the same is in the possession of any or all of the occupants thereof.
A.
No person shall have, possess, carry, or transport
liquor, wine, beer or other alcoholic beverage in any public park
without the prior approval of the Board of Trustees.
B.
If any group or organization desires to use or dispense
alcoholic beverages in any public park of the Village, such group
or organization shall apply to the Village Clerk/Treasurer for a permit
to do so. Application must be made at least 30 days prior to the date
it is desired to use or dispense said beverage. No fee shall be charged
for the granting of the permit and, upon approval by the Board of
Trustees and issuance by the Clerk/Treasurer, such permit shall be
valid for the time limit specified therein and for the premises therein
described.
C.
Permits for the sale of alcoholic beverages shall
be issued upon the condition that the said organization shall secure
a proper license to dispense alcoholic beverages from the Alcoholic
Beverage Control Board of Ontario County within said 30 days.
The provisions of this chapter shall not affect
the sale of alcoholic beverages on premises licensed by the Alcoholic
Beverage Control Board; however, no alcoholic beverages shall be consumed
other than on the specific premises of the licensee as these premises
are described in the license.
[Added 1-8-2002 by L.L. No. 1-2002]
A.
Possession prohibited.
(1)
A person is guilty of unlawful possession of an alcoholic
beverage when, being less than 21 years old, he/she is in possession,
as defined by § 10.00, Subdivision 8 of the New York State
Penal Law, with alcohol on the breath of the person and/or any circumstances
evidencing an intent of possession, of an alcoholic beverage, as defined
by § 3 of the New York State Alcoholic Beverage Control
Law, except that this section does not apply to a person who is less
than 21 years old in possession of an alcoholic beverage in the presence
of and with the consent of his/her parent or guardian or who is lawfully
serving, selling or delivering such beverages to patrons in an establishment
licensed under the New York State Alcoholic Beverage Control Law.
(2)
No person under the age of 21 years of age shall possess
any alcoholic beverage as defined by § 10.00, Subdivision
8 of the New York State Penal Law and § 3 of the New York
State Alcoholic Beverage Control Law, and any alcoholic beverage found
to be in the possession of a person under the age of 21 shall be confiscated.
B.
Presumption. For the purposes of this section only,
the presence of alcohol on the breath of the possessor, the presence
of alcoholic beverages, as defined in § 3 of the New York
State Alcoholic Beverage Control Law, in open view in a room other
than a public place, in open view in a motor vehicle or in view out
of doors, under circumstances evincing an intent to consume such alcoholic
beverage, is presumptive evidence of knowing possession of such alcoholic
beverage by each and every person in close proximity to such alcoholic
beverage at the time each alcoholic beverage is found, except that
such presumption does not apply to any such alcoholic beverage if
such alcoholic beverage is in another person's hand or is solely under
dominion and control of such person.
C.
Penalties.
(1)
A person less than 21 years of age who violates any
provision of this section shall, upon a first conviction thereof,
be punished by a fine of not less than $50 nor more than $200 or by
imprisonment for not less than 15 days, or by both such fine and imprisonment.
(2)
For a second such conviction within 18 months thereafter,
such person shall be punished by a fine of not less than $100 or imprisonment
for not less than 45 days, or by both such fine and imprisonment.
(3)
Upon a third or subsequent conviction within 18 months
after the second conviction, such person shall be punished by a fine
of not less than $250 nor more than $500 or imprisonment for not less
than 90 days, or by both such fine and imprisonment.
