A. 
The Board of Trustees finds that the unrestricted consumption of alcoholic beverages in public places often leads to disorders and related problems as well as the littering of such public places and is disturbing to the public and threatens peace and good order.
B. 
The purpose of this article is to prohibit the consumption of alcoholic beverages in public places in order to prevent disorderly behavior and the littering of public places: and to protect the public health, safety and welfare and to promote the public good.
For the purpose of this article, the terms used herein are defined as follows:
ALCOHOLIC BEVERAGE
Any liquid intended for human consumption containing more than 1/2 of 1% by volume of alcohol.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
EVENT
A fair, picnic, block party or other community gathering in any public place.[1]
INTENT TO CONSUME
Includes any of the following: drinking from the container; possession with movement of the container to the mouth; and any circumstances evidencing an intent to ultimately consume in any public place.
[Amended 9-21-2010 by L.L. No. 1-2010]
OPEN BOTTLE, CAN OR OTHER CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid, which has been uncapped, uncorked, the tab removed or the top sliced, cut or broken, or its original condition altered in such a way that the liquid can flow out of it.[2]
PUBLIC PLACE
A place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground or park located within the Village of Roslyn, except that the definition of "public place" shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.
[1]
Editor's Note: The definition of "motor vehicle" which immediately followed this definition was repealed 9-21-2010 by L.L. No. 1-2010
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Possession with intent to consume of alcoholic beverages is prohibited. Unless otherwise authorized by the Code of the Village of Roslyn and except as hereinafter provided, no person shall have in his or her possession with intent to consume an open bottle, can or other container containing any alcoholic beverages in or on any public place in the Village of Roslyn. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). For provisions on alcoholic beverages in motor vehicles see § 1227 of the State Vehicle and Traffic Law.
B. 
Consumption of alcoholic beverages is prohibited. Except as hereinafter provided, no person shall consume alcoholic beverages in or on any public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.[2]
[2]
Editor's Note: Original Sec. 29-23C, Presumption of possession, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Permits for special events.
(1) 
At least 10 calendar days prior to the proposed date of an event, any person may apply to the Village Clerk/Treasurer, on his or her own behalf or on behalf of an organization, for a permit to possess and consume any alcoholic beverages described herein during or in the conduct of an event.
(2) 
The application shall contain the following information:
(a) 
The name of the applicant(s) and the address and telephone numbers of each. Where the applicant is an organization, the name and address of the organization and its officers shall be given.
(b) 
The purpose of the event, the date when it is proposed to be held, the approximate time when this event will start and terminate and the location of the assembly area.
(c) 
Such other information as the Village Clerk/Treasurer may deem reasonably necessary.
(3) 
Where the Village Clerk/Treasurer shall determine that the proposed event is of such character, size and location as to be appropriate to and in harmony with the surrounding area and that the public health, safety and general welfare of such neighborhood will not be endangered by the granting of such permit, the Clerk/Treasurer shall issue a permit conditioned upon the applicant's written agreement to comply with the terms of such permit.
(4) 
Upon a denial by the Village Clerk/Treasurer of an application made pursuant to Subsection C(1) hereof, the applicant may appeal the determination of the Village Clerk/Treasurer to the Village Board of Trustees by filing a written notice of appeal for hearing by the Board of Trustees at its next meeting.
(5) 
The Village Clerk/Treasurer may waive the requirements of this Subsection C where, in his or her opinion, any irregularity or noncompliance would not endanger the public health, morals, safety, and general welfare of such neighborhood and where strict compliance would result in unreasonable hardship upon the applicant.
If any provision of this article is inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.