[HISTORY: Adopted by the Town Board of the Town of Carmel as indicated in article histories. Amendments noted where applicable.]
Alcoholic beverages in parks — See Ch. 108.
[Adopted 7-19-1977 by L.L. No. 2-1977 (Ch. 3 of the 1972 Code)]
This article shall be known and cited as the "Town of Carmel Local Law Regulating Consumption of Alcoholic Beverages in Public Places."
The Town of Carmel recognizes that consumption of alcoholic beverages in public places must be adequately controlled so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the Town, and this article is intended to provide such control and regulation.
As used herein, the following words shall have the meanings below set forth:
- ALCOHOLIC BEVERAGE
- Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
- Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.
- PUBLIC PLACE
- Any highway, street, sidewalk, park, playground, parking lot, shopping center, mall or any other place to which the public or a substantial group of persons has access, but excluding those public places wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law.
[Amended 5-17-2006 by L.L. No. 3-2006]
No person shall consume or ingest any alcoholic beverage in any public place within the Town of Carmel. Carrying on the person, holding or possessing any open, unsealed, resealed or partially full bottle, can or container of an alcoholic beverage in a public place as hereinabove defined shall constitute prima facie evidence of a violation of this section.
No person under the age of 21 shall be in an intoxicated condition in any public place within the Town of Carmel. For purposes of this section, evidentiary proof that a person under the age of 21 is in an intoxicated condition shall be the same as the evidentiary proof necessary to establish that a person is in an intoxicated condition under New York State Vehicle and Traffic Law § 1192, Subdivision 3.
Vehicles. Any open, unsealed, resealed or partially full bottle, can or container which contains an alcoholic beverage, found in any vehicle in any such public place, shall be presumptive evidence that the same is in the possession of all the occupants of said vehicle and in the possession of the person last having control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic beverages in public places or possessing open, unsealed, resealed or partially empty bottles, cans or containers of such alcoholic beverages shall not apply nor be a violation of this article in the event of a gathering, function or event which has been granted special permit by the Town Board of the Town of Carmel or its authorized official.
Any person, upon conviction for violation of this article, shall be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law, which shall be punishable by a fine not to exceed $250 or by imprisonment for 15 days, or by both such fine and imprisonment.
[Adopted 9-20-2006 by L.L. No. 6-2006]
The Town Board of the Town of Carmel finds that parties on private property where alcohol is consumed by minors are harmful to the minors themselves and to the community where such parties are held; that police ability to arrest and charge the host of a party where alcohol is being consumed by minors on private property will result in a decrease in abuse of alcohol by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving public safety; that large parties, gatherings or events on private property where minors are consuming alcohol are determined to be a threat to the peace, health, safety, or general welfare of the public; and that police response to such parties, gatherings or events causes a drain of manpower and resources and, in some cases, leaves other areas of the Town with inadequate police protection. The Town of Carmel finds and declares that the purpose of this article is:
To protect public health, safety and general welfare;
To enforce laws prohibiting the consumption of alcohol by minors; and
To reduce the costs of providing police services to parties, gatherings or events requiring a police response by requiring hosts of such parties, gatherings or events to ensure that minors are not consuming alcoholic beverages.
For purposes of this article the following definitions apply:
- Ethyl alcohol, hydrated oxide of ethyl, or spirit of wine from whatever source or by whatever process produced.
- ALCOHOLIC BEVERAGE
- Means and includes 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, except that confectionary containing alcohol, as provided by Subdivision 12 of § 200 of the Agriculture and Markets Law, shall not be regarded as an alcoholic beverage within the meaning of this section.
- Means and includes any fermented beverages of any name or description manufactured from malt, wholly or in part, or from any substitute therefor.
- ENFORCEMENT SERVICES
- Includes the salaries and benefits of police officers or other code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, the party, gathering or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers or other code enforcement personnel; the cost of repairing any damaged Town equipment or property; and the cost arising from the use of any damaged Town equipment in responding to or remaining at the party, gathering or event.
- A person who, under court order, is the guardian of the person of a minor, or a public or private agency with whom the minor has been placed by the court.
- Any person under 21 years of age.
- Any person who is the natural parent, adoptive parent, or step-parent of a minor.
- PARTY, GATHERING OR EVENT
- A group of persons who have assembled or are assembling for a social occasion or social activity.
Except as otherwise permitted by law, no person shall host, suffer, permit, organize, or allow a party, gathering or event at his or her place of residence or other private property, place or premises under his or her control where three or more minors are present and alcoholic beverages are being consumed by any minor.
This section does not apply to conduct between a minor child and his or her parent or guardian.
This section does not apply to any location or place regulated by the New York State Liquor Authority.
Any person violating this article shall, upon conviction, be guilty of a Class A misdemeanor punishable by up to one year in jail and/or a $3,000 fine.
The Town of Carmel does not waive its right to seek reimbursement for actual costs of enforcement services associated with the enforcement of this article through other legal remedies or procedures. The provisions of §§ 39-9 and 39-10 hereof are in addition to any other statute, ordinance or law. Section 39-9 in no way limits the authority of police officers, peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by § 39-9, nor does it limit in any way the prosecution's ability to initiate and prosecute a criminal prosecution for any violation of the laws of the State of New York arising out of the same circumstances described in § 39-9.