[L.L. No. 1-1978, § 1; L.L.
No. 5-2009, § 1]
As used in this article, unless the context or subject matter
otherwise requires, the following words shall have the following meanings:
Includes all such beverages as defined in § 3 of
the Alcoholic Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable
for or used to hold any liquid.
A place to which the public or a substantial group of persons
has access and includes, but is not limited to, highways, transportation
facilities, schools, places of amusement, parks and playgrounds, and
hallways, lobbies and other portions of apartment houses not constituting
rooms or apartments designed for actual residence.
Any conveyance, premises or place used for or in connection
with public passenger transportation, whether by railroad, motor vehicle
or any other method.
[L.L. No. 1-1978, §§ 2, 3; L.L. No. 5-2009, § 1]
(a)
Prohibited. No person shall within the Village of Tuckahoe drink
or otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public sidewalk, street, highway,
transportation facility, parking lot, swimming pool, public park or
such other public place, as defined by § 240.00 of the Penal
Law of the State of New York.
(b)
Possession of open containers. No person shall carry or have in his or her possession within the Village of Tuckahoe any open bottle, can or open container containing liquor, wine, beer or other alcoholic beverages with the intent of the possessor or another to consume same in any of the public places described in Subsection (a) of this section.
(c)
Presumptions.
(1)
The possession of an open, unsealed, resealed or partially full
bottle, can or container which contains an alcoholic beverage, unwrapped
or with the top exposed in a public place, as herein defined, shall
be presumptive evidence that such open bottle or open container is
intended to be consumed in a public place.
(2)
Such an open bottle, can or container in any vehicle while in
or on any public 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.
(3)
The holding of such open bottle, can or container to the mouth
in a drinking manner, or the placing, throwing or otherwise disposing
of such container or its contents in a public place shall be presumptive
evidence that the person doing such act did consume or ingest an alcoholic
beverage in a public place.
(d)
The foregoing prohibition against drinking alcoholic beverages in
public places or possessing open, unsealed, resealed or partially
empty bottles, cans or containers of such alcoholic beverages shall
not apply nor be a violation of this article in the event of a gathering
which has been granted a special permit by the Village Clerk according
to regulations approved by the Village Board nor to any place licensed
by the State of New York to sell alcoholic beverages for on-premises
consumption.
[L.L. No. 1-1978, § 4; L.L.
No. 5-2009, § 1]
The Village Clerk may issue a license authorizing the sale or
other distribution and consumption of alcoholic beverages in any park
or parks or public place in the Village. Such license shall be issued
only in connection with a recreation event sponsored by a bona fide
charitable, educational, health, religious or civic organization upon
payment of a fee in the amount of $100.
[L.L. No. 1-1978, § 5; L.L.
No. 5-2009, § 1]
Any person who shall violate any provision of this article shall
be guilty of a violation and shall be subject to a fine of not less
than $50 nor more than $250.
