[HISTORY: Adopted by the Town Board of the Town of Marion as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-12-2001 by L.L. No. 1-2001]
The Town Board of the Town of Marion finds that the possession or consumption of alcoholic beverages in public streets and public places, except under certain conditions, is detrimental to the health, safety and welfare of the residents of the Town of Marion, causes unsightly and unsanitary conditions and creates a nuisance.
As used in this article, the following terms shall have the meanings indicated:
- INTENT TO CONSUME
- Includes any of the following: drinking from the container; possession with movement of the container to the mouth; and any circumstances evidencing an intent to ultimately consume in any public place.
- OPEN BOTTLE OR CONTAINER
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid, which has been uncapped, uncorked, the tab removed or the top sliced, cut or broken, or its original condition altered in such a way that the liquid can flow out of it.
No person shall have, possess, carry or transport, with the intent to consume, any open bottle or other open container containing liquor, wine, beer, or other alcoholic beverage, or drink or otherwise consume said alcoholic beverages, in or upon any public sidewalk, street, highway, parking lot or public park or in any vehicle upon such area in the Town of Marion. This article shall not apply to any person drinking an alcoholic beverage or in the possession of an open container containing an alcoholic beverage while operating a motor vehicle or while a passenger thereof upon any public highway within the Town in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
If any individual or organization desires to distribute or consume alcoholic beverages on public property in the Town of Marion where picnic facilities exist, said individual or organization must apply to the Town Supervisor, or his/her duly authorized representative, for a permit therefor at least two days before the date scheduled for dispensing such beverages. No fee shall be charged for the granting of said permit, and said permit shall be issued only upon the following conditions:
Such individual or organization by its duly authorized officer must agree, in writing, to assume full responsibility for supervising the conduct of the group of individuals benefitting from such permit, and to properly clean up the premises after use.
Such individual or organization must further agree, in writing, that adequate precautions shall be taken to ensure that minors will not be served alcoholic beverages at the permitted event or gathering.
No alcoholic beverages shall be consumed other than on the specific premises described in the permit, and only during the time stated therein.
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.
The individual(s) to whom the permit is issued must be of legal age to consume alcohol, as determined by the State of New York.
The violation 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.