[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:
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.
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:
A.
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.
B.
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.
C.
No alcoholic beverages shall be consumed other than on the specific
premises described in the permit, and only during the time stated
therein.
D.
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.
E.
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.
