[HISTORY: Adopted by the Town Board of the Town of Smithtown 8-23-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Substance Abuse Prevention Council — See Ch. 71.
Beaches and parks — See Ch. 101.
Bingo — See Ch. 105.
Games of chance — See Ch. 173.
It is hereby declared to be the policy of the Town Board of the Town of Smithtown to protect the public interest, welfare, health and safety within the Town of Smithtown by prohibiting the consumption of alcoholic beverages in public places within the town. The Town Board finds that possession of open or unsealed containers of alcoholic beverages in a public place within the town has led to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the public peace, littering of the public places, destruction of property and vandalism. The Town Board finds, further, that preservation of the public welfare and prevention of conditions which lead to conduct disturbing the public peace attributable to consumption of alcoholic beverages can be accomplished by the prohibition of the consumption of alcoholic beverages in public places and by further prohibiting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, 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.
PUBLIC PLACE
Any highway, street, sidewalk, park, playground, parking lot or town building in the town.
TOWN
The Town of Smithtown.
It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage in any public place within the town.
B. 
Have in his possession an open or unsealed container of an alcoholic beverage while in any public place, for the purpose of consuming such alcoholic beverage by himself or by another in any public place.
An open bottle or open container containing liquor, beer or wine or any alcoholic beverage in any vehicle shall be presumptive evidence that the same is in the possession of all the occupants of the vehicle, in violation of the provisions of this chapter.
The foregoing prohibition shall not apply to the consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by license or permit under the laws and regulations of this state and under the regulations of the town; nor shall such prohibition apply to the possession of an open or unsealed container of an alcoholic beverage solely for the purpose of transporting the same without an intent or indication to consume the same in any public place.
This chapter shall not apply to any person in violation of § 1227 of the Vehicle and Traffic Law.
[Amended 1-9-1990 by L.L. No. 2-1990]
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation punishable by a fine not exceeding one hundred dollars ($100.) or by imprisonment in jail for ten (10) days, or by both such fine and imprisonment, for the first offense and by a fine not exceeding two hundred dollars ($200.) or by imprisonment for fifteen (15) days, or by both such fine and imprisonment, for a second or subsequent offense.