[HISTORY: Adopted by the Village Board of the Village of
Canisteo 8-4-1980 by L.L. No. 2-1980; amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. I). Subsequent amendments noted where
applicable.]
The following terms used in this chapter shall have the following
meanings, unless the context requires or indicates a different meaning:
Alcohol, spirits, liquor, wine, beer, cider and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed by a human being.
Any bottle, can, glass or other receptacle suitable for,
or used to hold, any liquid.
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.
Any highway, street, sidewalk, park or playground or municipal
property within the Village.
No alcoholic beverage shall be possessed by any person on any
street, park, sidewalk or in any other place of public assemblage
in the Village of Canisteo, New York, with intent to consume, in an
uncapped container or with the original container seal broken, or
in any other type of open container from which the contents may be
drunk or otherwise consumed, unless a license first shall have been
issued by the Village Clerk, wherein a specific time and geographic
location shall be designated authorizing the dispensing and possession
of such alcoholic beverage.
A.
The foregoing prohibition shall not apply to consumption of an alcoholic
beverage or possession for the purpose of consumption in any public
place, where the same is authorized by license or permit under the
laws and regulations of this state and under the regulations of the
Village, nor shall such prohibition apply to the possession of transporting
the same without an intent or indication to consume the same in any
public place.
B.
This chapter may be waived by the Village Board of Trustees for special
events or for sidewalk restaurant food services as approved by the
Village Board of Trustees. During a special event, the Chief of Police
for the Village of Canisteo or officer in charge or the equivalent,
and/or his or her designee, may revoke or further limit the permission
granted by the Board of Trustees at any time such activity may, in
the judgment of the Chief of Police, or his/her designee, disturb
the order and peace of the Village or jeopardize the health, safety
or welfare of the public.
A.
No person shall be permitted to serve or consume alcoholic beverages
on Village of Canisteo premises, unless an application has been filed
and approved by the Village of Canisteo Board of Trustees, including
proof of insurance of a comprehensive general liability policy with
a minimum coverage for personal injury of $1,000,000 and property
damage of $100,000, which includes liquor liability coverage and also
names the Village of Canisteo as an additional insured. The proof
of insurance for a special event must be filed at least 10 business
days in advance of the scheduled reservation date. The proof of insurance
for a restaurant owner must be in place prior to the issuance of a
permit.
B.
The applicant shall be at least 21 years of age and shall assume
full and complete responsibility for supervising and requiring safe
and proper conduct by those using Village of Canisteo facilities and
compliance with the Alcohol Beverage Control Law when serving or allowing
the consumption of alcoholic beverages on the reserved premises.
C.
The applicant shall be responsible and liable for any damage to the
premises other than normal wear and tear.
D.
The permit is not assignable or transferable.
E.
A restaurant owner may apply to the Village Board of Trustees for
a waiver of this chapter, conditioned upon the following requirements:
(1)
The applicant must be engaged in the primary business of food service,
with the serving of alcohol to be incidental to the service of a meal;
(2)
Hours of service shall not extend past 10:00 p.m. on any night;
(3)
Consumption will be limited to those being served by the waitstaff
and seated at a table located on the restaurant property adjacent
to the building. Any other consumption is strictly prohibited;
(4)
Open, unrestricted access of the sidewalk must be maintained to allow
for the orderly flow of pedestrian traffic.
Violation of this chapter shall be punishable by a fine of not
more than $250 or by imprisonment for a term not exceeding 15 days,
or both.
