[HISTORY: Adopted by the Board of Trustees of the Village of Stewart Manor 7-7-1998 by L.L. No. 10-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Food establishments — See Ch. 93.
Littering — See Ch. 110.
Loitering — See Ch. 113.
Peace and good order — See Ch. 128.
Vehicles and traffic — See Ch. 180.
A. 
The Board of Trustees of the Incorporated Village of Stewart Manor (hereinafter the "Board of Trustees") finds that the unrestricted consumption of alcoholic beverages in public places within the Village leads to public intoxication, disorderly conduct, littering, and otherwise threatens public peace and good order. The Board of Trustees further finds that there is a significant relationship between the possession of an open container in a public place with the intent to consume the same and the consumption of alcohol in a public place.
B. 
It is, therefore, the intent of the Board of Trustees, in enacting this chapter, to promote the health, safety and general welfare of Village residents by prohibiting the consumption of alcoholic beverages in public places and to restrict the possession of open containers of alcoholic beverages with the intent to consume the same, except as otherwise permitted herein.
For purposes of this chapter, the following words or phrases shall have the following meanings, unless the context requires or indicates a different meaning:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, containing alcohol, spirits or beer and capable of being consumed by a human being.
CONTAINER
Any glass, bottle, can, keg or other receptacle suitable for, or used to hold, any alcoholic beverage.
OPEN
When used in connection with a container, any container which has been perforated or tapped, or on which the cap has been loosened or the cork displaced.
POSSESSION WITH INTENT TO CONSUME
Having in one's possession or control an alcoholic beverage in a glass, open bottle, open can, tapped keg or other open container so as to permit consumption by the person in possession thereof, or another person, having the purpose of consuming such alcoholic beverage in a public place.
PUBLIC PLACE
Any highway, street, sidewalk, park, parking lot, recreation area or Village building or any other property owned, operated or maintained by the Village or other municipality within the Village.
It shall be a violation of this chapter for any person to:
A. 
Drink, or otherwise consume, any alcoholic beverage while such person is in a public place.
B. 
To carry or have in his possession in a public place any open container containing an alcoholic beverage with the intent of the possessor or another to consume the same.
A. 
The possession of an open container containing an alcoholic beverage in a public place shall be presumptive evidence that the contents of such open container is intended to be consumed in a public place.
B. 
An open bottle or open container in any vehicle while in or on any pubic sidewalk, street, highway, parking lot, public park or other public place as defined by § 240.00 of the Penal Law of the State of New York shall be presumptive evidence that the same is in the possession of all the occupants thereof.
[Amended 7-3-2007 by L.L. No. 1-2007]
The foregoing prohibitions shall not apply in the following circumstances: to any person of legal drinking age, attending and while in actual lawful attendance at a fair, picnic, block party, dance, social function or other community gathering held in or upon public places for which gathering or function special permission has been previously granted by the Village Board of Trustees, in accordance with the provisions of this chapter. Special permission may be granted by the Board of Trustees to any person, group of persons, organization, association or other responsible and identifiable party or parties. In order to protect the interests of the Village, the Board of Trustees reserves to itself the power to impose any conditions, limitations or other terms or provisions as it deems necessary upon said special permission.
Any person violating any provision of this chapter shall be liable for a fine not to exceed $250 for each offense or by imprisonment not exceeding 15 days, or both.