[HISTORY: Adopted by the Town Board of the Town of Royalton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-11-1983 by L.L. No. 2-1983]
The Town Board of the Town of Royalton finds that the public
consumption of alcoholic beverages and the possession of open containers
of alcoholic beverages with the intent to consume the contents thereof
in public places within the Town of Royalton, except under certain
controlled conditions, is detrimental to the health, safety and welfare
of the residents of the Town and tends to materially and economically
detract from the community welfare, adversely affects trade and impairs
good order.
For the purposes of this article, the following terms, phrases,
words and derivatives shall have the following meanings:
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid containing alcohol, spirits, wine or beer and capable
of being consumed by a human being.
Includes any bottle, glass, can, cup or other similar article
containing any alcoholic beverage. For the purposes of this article,
a container shall be deemed open if the bottle or distiller's original
seal has been opened.
That portion of the community commonly known as "Gasport"
which is located within Sewer District No. 1, as the same is more
particularly described in the order establishing Sewer District No.
1 made by the Town Board on August 4, 1938, on file in the office
of the Town Clerk of the Town of Royalton.
Any place to which the public or a substantial group of persons
has access, and includes but is not limited to highways, streets,
alleys, parking lots, parking areas, schools, places of amusement,
playgrounds, hallways, lobbies, laundromats and any other places open
or used by the general public.
No person shall consume any alcoholic beverage in any public
place or have in his or her possession in a public place any open
container containing any alcoholic beverage for the purpose of consumption
in such public place.
The presence of an open container of alcoholic beverage in a
vehicle, other than a public omnibus, shall be presumptive evidence
of possession thereof by each and every person in the vehicle at the
time the open container of alcohol was found.
The foregoing prohibition shall not apply to the following places
and in the following circumstances:
A.Â
Places wherein the use and consumption of alcoholic beverages is
authorized pursuant to permit or license issued in accordance with
the Alcoholic Beverage Control Law of the State of New York;
B.Â
Municipal parks and state recreational areas located within the Town
of Royalton outside the Hamlet of Gasport, during such hours as the
same may be open to the general public;
C.Â
Recreational areas located on voluntary fire company, church or conservation
club property during such hours as the same may be used for family
gatherings, festivities or other functions under the direct supervision
and control of duly authorized fire company, church or conservation
club personnel;
D.Â
In the event of a picnic, block party or other community gathering
for which special permission for the consumption of alocholic beverages
thereat has been granted by the Town Clerk of the Town of Royalton
pursuant to rules and regulations for the same as adopted by resolution
of the Town Board of the Town of Royalton;
E.Â
The mere transportation of a container from one point to another,
with no intent to consume or allow another to consume the contents
of such open container while in a public place.
This article shall apply to all areas within the Town of Royalton,
except within the incorporated Village of Middleport.
Each violation of this article shall constitute a violation
pursuant to the Penal Law of the State of New York and shall be punishable
by a fine not to exceed $250, or by imprisonment for not more than
15 days, or by both such fine and imprisonment.
