[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be known as the "Town of Webb Consumption
of Alcoholic Beverages Local Law."
As used in this article, unless the context or subject matter
otherwise requires, the following words shall have the following meanings:
ALCOHOLIC BEVERAGE
Includes all such beverages as defined in § 3 of
the Alcoholic Beverage Control Law of the State of New York, as same
may be amended from time to time.
CONTAINER
Any bottle, can, glass, cup or similar receptacle suitable
for or used to hold any liquid.
INTENT TO CONSUME
Drinking from the container, with alcohol on the breath of
the possessor and/or any circumstances evidencing intent to ultimately
consume on any public lands.
PUBLIC PLACE
A place to which the public or a substantial group of persons
has access, and includes, but is not limited to, any highway, street,
road, sidewalk, parking area, shopping area, place of amusement, playground,
park, transportation facility, school, school grounds and hallways,
lobbies and other portions of apartment houses, motels or hotels not
constituting rooms or apartments designed for actual residence.
SCHOOL GROUNDS
Any building, structure, school bus as defined in § 142
of the New York State Vehicle and Traffic Law, athletic playing field,
playground or land contained within the real property boundary lines
of a public or private elementary, parochial, intermediate, junior
high, vocational or high school.
TRANSPORTATION FACILITY
Any conveyance, premises or place used for or in connection
with public passenger transportation, whether by railroad, motor vehicle
or any other method.
Any open, unsealed, resealed or partially full bottle, can or
container which contains an alcoholic beverage found in any vehicle
in any public place shall be prima facie evidence that the same is
in possession of the person last having control and custody of said
vehicle.
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
in a public park or public facility which has been granted a permit
by the Town according to the regulations approved by the Town Board
of the Town of Webb, to a building or the portion of a building occupied
by a Fire Department, nor to any place licensed by the State of New
York to sell alcoholic beverages for on-premises consumption.
Any person, upon conviction for a violation of this article,
shall be guilty of a violation as defined in the Penal Law of the
State of New York, which shall be punishable by a fine of not more
than $250 or imprisonment for not more than 15 days, or both.