[HISTORY: Adopted by the Board of Trustees of the Village of Dryden as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-24-1996 (Sec. 20208 of the 1996 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
For the purpose of this article, the following terms shall have the meaning ascribed to them; all other words shall have the meaning normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid, solid, powder or crystal, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
PUBLIC PLACE
Any highway, street, sidewalk, park, playground, public parking lot, school ground, Village owned-or-occupied open space, or other public place as defined by § 240.00 of the Penal Law of the State of New York.
A. 
Prohibited. No person shall, within the Village of Dryden, drink or otherwise consume liquor, wine, beer or other alcoholic beverages when such person is in or upon any public place as defined by § 78-1 of this article without first obtaining a permit for such consumption or possession from the Board of Trustees of the Village of Dryden as provided for in § 78-7 of this article.
B. 
This section shall be construed in conjunction with Vehicle and Traffic Law § 1227 as to enforcement on public highways or a right-of-way public highway.
Possession of open containers. No person shall carry or have in his/her possession within the Village of Dryden any open bottle or open container containing liquor wine, beer or other alcoholic beverage with the intent of the possessor or other to consume same in any of the public places described above.
A. 
The possession of an open bottle or open container unwrapped or with the top exposed in a public place, as herein defined, shall be presumptive evidence that such open bottle or open container is intended to be consumed in a public place.
B. 
Any open bottle or open container in any vehicle which is in or on any public sidewalk, street, highway, parking lot, public park or other public place as defined by § 78-1 of this article shall be presumptive evidence that the same is in the possession of all the occupants thereof.
This provision of this article shall not apply during the time of a fair, picnic or other gathering on public lands provided prior special permission to perform the prohibited acts has been granted by the Village as provided below.
Failure to comply with any of the provisions of this article shall be deemed a violation and the violator shall be punished as set forth on the Village of Dryden Fine Schedule, which Fine Schedule may be established by resolution and thereafter amended from time to time by resolution of the Village Board of Trustees.
The Board of Trustees of the Village of Dryden shall have the authority to issue permits on such terms and conditions as it deems appropriate to any person, corporation, organization or association for the consumption or possession of alcoholic beverages on property owned or leased by said Village of Dryden. The following terms and conditions shall apply:
A. 
Application for such permit shall be made to the Board of Trustees at least 30 days prior to the date for which such permit is requested.
B. 
Such permit shall be valid for the time limited specified therein and for the premises therein described.
C. 
The fee for such permit shall be as set forth on the Village of Dryden Fee Schedule, which Fee Schedule may be established by resolution and thereafter amended from time to time by resolution of the Village Board of Trustees.
D. 
Such permit shall not be transferable.
E. 
Permits for the sale of alcoholic beverages shall be issued upon the condition that the vendor shall secure a proper license to dispense alcoholic beverages from the New York State Alcoholic Beverage Control Board within 30 days.