[HISTORY: Adopted City of Oswego Common Council: Article I, 5-12-1980 as Ch. 5, Art. I, of the 1980 Code. Amendments noted where applicable.]
Noise — See Ch. 165.
Article I Open Containers
[Adopted 5-12-1980 as Ch. 5, Art. I, of the 1980 Code]
The Common Council of the City of Oswego 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 City of Oswego, causes unsightly and unsanitary conditions and creates a nuisance.
For the purpose of this chapter, the following terms shall have the meanings herein ascribed to them; all other words shall have the meanings normally ascribed to them.
- ALCOHOLIC BEVERAGE
- Any beer, wine and liquor and all other alcoholic beverages as more specifically defined by the New York State Alcoholic Beverage Control Law.
- Any bottle, can, glass bottle or receptacle suitable for or used to hold any liquid.
- PUBLIC LANDS
- Any highway, street, park, sidewalk, cemetery, playground, parking area, school ground, exterior premises and adjoining property of any building duly licensed to sell alcoholic beverages within the building.
For the purposes of this chapter, it shall be presumed that any alcoholic beverages, spirits, liquor, wine, beer or other alcoholic beverages which are commercially prepared and sold under a brand name contain more than three and two-tenths per centum (3.2%) alcohol by volume. This presumption shall be rebuttable.
No person shall have, possess, carry or transport, with the intent of the possessor or another to consume or drink from, any open bottle or other open container containing liquor, wine, beer or any other alcoholic beverage in or upon any public sidewalk, street, highway, parking lot, public park or other public lands or in any vehicle upon such areas in the City of Oswego.
It shall not be a prohibited act for persons in groups of five (5) or less to possess, carry or transport, with the intent of the possessor or another to consume or drink from, any open bottle or other open container containing liquor, wine, beer or any other alcoholic beverage in the Breitbeck Park Area, the Wright's Landing Picnic Area or the Fort Ontario Picnic Area.
If any individual or organization desires to distribute or consume alcoholic beverages on public property in the City of Oswego, said individual or organization must apply to the Chief of Police or his duly authorized representative for a permit therefor on or 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 benefiting 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 hereof.
Permit applicants with outstanding violations or unpaid monies.
No such permit shall be granted to or renewed for an applicant who is in violation of any City of Oswego code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of City ordinances or any other fees or past due monies of any name or nature owed to the City of Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L. No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
The applicant shall have the burden of providing proof in a form acceptable to the department that there are no such violations or unpaid monies.
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this local law.
Such permit, once granted, shall be revoked in the event that the applicant accrues violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted. The revocation shall take effect five business days after receipt by the permit holder of notice from the City of Oswego of the pending revocation. Upon such revocation, all permitted activities and privileges shall immediately cease.
No application fees shall be refunded upon revocation of the permit.
The applicant must reapply for the issuance of such revoked permit by submitting a new application and paying all necessary application fees, and any such permitted activities or privileges may only be resumed once a new permit has been granted.
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to cast or control more than 10% of the votes in such entity.
Notwithstanding the provisions contained in this section to the contrary, when in the opinion of the Director of Code Enforcement the issuance of a permit is necessary to prevent harm to life, safety, or the general welfare of the public, the Director of Code Enforcement shall be authorized to issue said permit for the sole and exclusive purpose of bringing such violations into compliance with the Code of the City of Oswego. Nothing contained herein shall relieve the property owner from complying with all other applicable sections of the Code including, without limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L. No. 2-2017]
The violation of any of the provisions of this chapter shall be punishable by a maximum fine of two hundred fifty dollars ($250.) or by imprisonment for fifteen (15) days, or by both such fine and imprisonment, or such other penalties pursuant to the Penal Law of the State of New York. Each day any violation shall continue shall constitute a separate violation.