[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.
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.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
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.
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.
Nothing herein contained shall obligate the Board of Trustees
to issue any such permit.
