Village of Sloan, NY
Erie County
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[HISTORY: Adopted by the Board of Trustees of the Village of Sloan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Discarding beverage containers — See Ch. 295.

ARTICLE I
Consumption in Public (§ 155-1 — § 155-5) 

[Adopted 2-27-1980 by L.L. No. 1-1980 (Ch. 36, Art. I, of the 1989 Code)]

§ 155-1
Legislative intent. 

§ 155-2
Definitions. 

§ 155-3
Possession or consumption in public prohibited. 

§ 155-4
Permits for special occasion; fee; conditions for permit. 

§ 155-5
Penalties for offenses. 

It is the intent of the Board of Trustees, Village of Sloan, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the Village by enacting this article, since it is the finding of the Board of Trustees that the possession of open containers of alcoholic beverages and/or the consumption of alcoholic beverages by persons on public premises, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Village and contributes to the development of unsanitary conditions and the creation of nuisances. It is further the intent of the Board of Trustees of the Village of Sloan that this article shall not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.

For the purposes of this article, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.

ALCOHOLIC BEVERAGE
Includes alcohol, liquor, wine, beer, cider and every liquid, patented or not, containing alcohol, wine or beer and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
INTENT TO CONSUME
Includes any of the following:
[Added 4-18-1989 by L.L. No. 1-1989]
A. 

Drinking from the container.

B. 

Possession with movement of the container to the mouth.

C. 

Possession with alcohol on the breath of the possessor.

D. 

Any circumstances evidencing an intent to ultimately consume on any public lands.

PUBLIC LANDS
Any highway, street, sidewalk, playground, public parking lot or other public land.
[Amended 4-18-1989 by L.L. No. 1-1989]

No person shall have, possess, carry or transport with the intent to consume any liquor, wine or other alcoholic beverage in an open bottle or other open container in or upon any public sidewalk, street, lane, highway, building, parking lot, park or recreation area or other public property, or in any vehicle upon such area, within the Village of Sloan. No person shall drink or otherwise consume any liquor, wine, beer or other alcoholic beverage in or upon any of the aforesaid public areas or property within the Village of Sloan.

A. 

If any individual or organization desires to have, distribute or consume alcoholic beverages on public property in the Village of Sloan, said individual or organization must apply to the Board of Trustees or its duly authorized representatives for a permit therefor at least seven days prior to the date scheduled for using such beverage. A fee of $5 shall be charged for the granting of said permit.

B. 

A permit shall be issued only upon the following conditions:

(1) 

Such individual or organization, by its duly authorized agent, must agree, in writing, to assume full responsibility for supervising the conduct of the group or individuals benefiting from such permit and to properly police, clean up and restore the premises after use to their prior condition.

(2) 

Such individual or organization must further agree, in writing, that adequate precautions shall be taken to ensure that minors will not be served or allowed to consume alcoholic beverages at the permitted event or gathering.

(3) 

No alcoholic beverages shall be distributed or consumed other than on the specific premises described in the permit and only during the time stated therein.

(4) 

No permit shall be issued to any individual or organization which has previously been issued a permit and has failed to comply with the provisions thereof.

Editor's Note: Original § 5, Discarding containers, which immediately followed this section, was deleted 4-18-1989 by L.L. No. 1-1989. See now Ch. 295, Littering.

The violations of any of the provisions of this article shall be punishable by a maximum fine of $250 or by imprisonment for 15 days, or by both such fine and imprisonment. Each day any violation shall continue shall constitute a separate violation.