[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan 6-15-1970 (Art. I of Ch. 3 of the 1969 Code). Amendments noted where applicable.]
[Amended 6-20-1983 by L.L. No. 4-1983; 9-6-1993 by L.L. No. 4-1993; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall have, possess, carry or transport liquor, wine, beer or other alcoholic beverages in or upon any public sidewalk, street, highway or parking lot in the Village of Penn Yan, in open bottles or other containers, with intent of the possessor or another to consume the same, and no person shall drink or otherwise consume liquor, wine, beer or other alcoholic beverages in or upon any public sidewalk, street, highway or parking lot in the Village of Penn Yan, New York.
[Amended 3-17-2020 by L.L. No. 4-2020; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The procedure for permits for sidewalk service of alcoholic beverages at restaurants and taverns is dealt with pursuant to Article VI, Permits for Sidewalk Service at Restaurants and Taverns, of Chapter 174, Streets and Sidewalks, and Chapter 132, Parks and Playgrounds, of the Code of the Village of Penn Yan.
[Amended 9-6-1993 by L.L. No. 4-1993; 3-17-2020 by L.L. No. 4-2020]
A conviction for a violation of any of the provisions of this chapter shall be punishable by a fine not exceeding $250, incarceration in the Yates County Jail for a sentence not exceeding 15 days, or both such fine and imprisonment. Each day that any such violation continues or occurs shall constitute a separate offense.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In this chapter, the following terms shall have the meanings assigned to them:
INTENT TO CONSUME
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.
OPEN BOTTLE, CAN OR OTHER CONTAINER
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.