[HISTORY: Adopted by the Common Council of the City of Hudson as
indicated in article histories. Amendments noted where applicable.]
[Adopted 7-27-1967 by Ord.
No. 1-1967 (Ch. 78, Art. II, of the 1973 Code)]
[Added 4-20-2004 by L.L. No. 3-2004]
As used in this article, the following terms shall have the meanings
indicated:
Includes a one-day event or a series of related events occurring
over several days or months.
[Added 6-20-2006 by L.L. No. 10-2006]
Drinking from the container, with alcohol on the breath of the possessor
and/or any circumstances evidencing an intent to ultimately consume on any
public lands.
Any publicly owned land within the City of Hudson which is adjacent
to the Hudson River, including land surrounding man-made or natural tidal
basins of the Hudson River, from which a boat or other waterborne vessel is
launched, moored, anchored, or boarded.
[Added 6-20-2006 by L.L. No. 10-2006]
Any individual person, group of people, corporation, partnership,
governmental entity or other organization which sponsors or co-sponsors, with
the City of Hudson, a public or private event at the Waterfront Park.
[Added 6-20-2006 by L.L. No. 10-2006]
Includes the land owned by the City of Hudson as described in the
deeds recorded in the Columbia County Clerk's Office in the following Liber
and Page or Cartridge and Frame Numbers and depicted on the Tax Map under
the corresponding Columbia County Tax Map Parcel Numbers: Liber 613 Page 1039
(Tax Parcel Nos. 109.11-1-8 and 109.11-1-10 only); Cartridge 443 Frame 673
(Tax Parcel No. 109.11-1-16.2 only); and Cartridge 526 Frame 290 (Tax Parcel
No. 109.11-1-16.1 only).
[Added 6-20-2006 by L.L. No. 10-2006]
[Amended 8-21-1973 by Ord.
No. 3-1973; 4-20-2004 by L.L. No. 3-2004; 6-20-2006
by L.L. No. 10-2006]
A.
Except as provided for in Subsection B of this section, no person shall drink, imbibe or consume any alcoholic beverage on any public park, playground, parking lot, public boat launch site, or Oakdale Beach within the City of Hudson, New York.
B.
Notwithstanding Subsection A of this section, a person may drink, imbibe or consume beer with an alcohol content of 5.6% or less by weight, or wine with an alcohol content of 17% or less by weight, at any event held at the City's Waterfront Park, including the public boat launch site, for which a permit has been issued by the City Clerk at the discretion of the Mayor as provided for in § 65-8 of this chapter or which is otherwise authorized by § 65-9 of this chapter.
[Amended 8-21-1973 by Ord.
No. 3-1973; 4-20-2004 by L.L. No. 3-2004]
No person shall drink, imbibe or consume any alcoholic beverage in any
vehicle on any public park, playground, parking lot, boat launch site or Oakdale
Beach within the City of Hudson, New York.
[Amended 8-21-1973 by Ord.
No. 3-1973; 4-20-2004 by L.L. No. 3-2004]
No person shall throw or discard any bottle, can or container, empty
or otherwise, onto any public sidewalk or park, playground, parking lot, boat
launch site or Oakdale Beach within the City of Hudson, New York.
[Amended 8-21-1973 by Ord.
No. 3-1973]
No person shall throw or discard from any vehicle while on any public
park, playground, parking lot, boat launch site or Oakdale Beach, within the
City of Hudson, New York, any bottle, can or container, empty or otherwise,
onto any public park, playground, parking lot, boat launch site or Oakdale
Beach within the City of Hudson, New York.
[Added 8-21-1979 by Ord.
No. 2-1979; 4-20-2004 by L.L. No. 3-2004]
No person shall have in his possession with intent to consume any open
bottle or container with liquor, beer, wine or other alcoholic beverages contained
therein while such person is on a public highway, public street, public park
or public recreation area or public place, except those premises for which
a permit has been issued or those premises duly licensed for sale and consumption
of alcoholic beverages on the premises.
[Added 4-21-1998 by L.L.
No. 3-1998]
No person shall possess any glass bottles, glass containers or other
glass objects while such person is in a public park or playground, a public
parking lot or public boat launch site or at Oakdale Beach.
[Added 6-20-2006 by L.L. No. 10-2006]
A.
The consumption of beer with an alcohol content of 5.6% or less by weight, or wine with an alcohol content of 17% or less by weight, may be allowed in the Waterfront Park, including any public boat launch site, for private or public events not sponsored by the City where the event sponsor has paid a nonrefundable permit application fee and obtained a beer or wine permit from the City Clerk at the discretion of the Mayor for such event, which permit must include the following prohibitions in addition to the prohibitions provided for in Subsection B where applicable:
(1)
Such alcoholic beverages may only be sold or distributed
by the event sponsor designated in the beer or wine permit application. Consumption
of any other alcoholic beverages at a permitted event is prohibited.
(2)
Such alcoholic beverages may only be consumed in accordance
with the beer or wine permit issued by the Mayor in addition to all applicable
state laws, including all necessary authorizations required by the New York
State Alcohol Beverage Control Board.
(3)
Service of such alcoholic beverages shall terminate one
hour before the scheduled end of the event, unless the event is two hours
or less.
(4)
Such alcoholic beverages shall not be allowed outside
the areas designated in the beer or wine permit.
(5)
Consumption of any alcohol, including beer with an alcohol content of 5.6% or less by weight or wine with an alcohol content of 17% or less by weight, is prohibited in any parking lot or street within the City or in vehicles as provided for in § 65-3.
(6)
In no case is it permissible for a person under the age
of 21 to consume any alcohol having any alcohol content at any time at the
Waterfront Park, and no one under the age of 18 may serve any alcohol.
(7)
The event sponsor must provide for insurance liability
coverage in the amount of $3,000,000, at a minimum, naming the City of Hudson
as an additional insured, for all damages which may arise from the permitted
event. The amount of insurance coverage required may be increased at the discretion
of the Mayor. In addition, the event sponsor must enter into a binding contract
for indemnification of all liability, loss, damages, claims, or actions (including
costs and attorney's fees) for bodily injury and/or property damages,
to the extent permissible by law, for any incident arising out of the conduct
of the event.
B.
For all events permitted under this section at which
attendance is 50 or more persons at any one time, the sponsor shall be required
to engage a licensed caterer to serve such alcoholic beverages, and the following
additional requirements shall apply:
(1)
The licensed caterer must submit the following information
to the City Clerk's office no less than three days prior to the event:
(a)
Copy of current catering license.
(b)
Copy of New York State Alcohol Beverage Control authorization.
(c)
Copy of workers' compensation insurance policy or
proof thereof.
(d)
Copy of current liability insurance certificate in the
amount of no less than $3,000,000 naming the City of Hudson as an insured
party for such event.
(e)
Number of bartenders at such event.
(f)
Hours the bar will be open.
(2)
Unless otherwise allowed by the New York State Alcohol
Control Board authorization for such event, beer and wine shall be brought
into the facility or event serving area prior to the start of the event, shall
be stored securely at a common bar prior to service, and shall be served only
from a common bar.
(3)
Unless otherwise allowed by the New York State Alcohol
Control Board authorization for such event, no service containers (bottles,
aluminum cans, or pitchers) of beer or wine shall be allowed on the tables,
but shall remain at the common bar for service.
C.
The Common Council shall establish applicable permit
application fees for the consumption of such beer or wine at the Waterfront
Park, including any public boat launch site, as provided for in this section
and shall revise such fees as it deems appropriate.
[Added 6-20-2006 by L.L. No. 10-2006[1]]
A.
The City of Hudson may sponsor an event at the Waterfront
Park in which it serves beer with an alcohol content of 5.6% or less by weight,
or wine with an alcohol content of 17% or less by weight, where the City:
(1)
Obtains all necessary authorizations to serve such beverages
from the New York State Alcohol Control Board and complies with all other
applicable state laws;
(2)
Obtains host liability coverage in the amount of $3,000,000
per event or such other amount as may be deemed reasonably appropriate by
the insurance carrier for the City; and
(3)
Ensures that an adequate level of police and other necessary
City services are available to provide for the public's health, safety
and welfare during the event.
B.
The City of Hudson may enter into a contract with a licensed caterer, in accordance with § 65-8B(1)(a) through (f), to serve beer with an alcohol content of 5.6% or less by weight, or wine with an alcohol content of 17% or less by weight, at City-sponsored or co-sponsored events.
C.
Where the City of Hudson agrees to co-sponsor an event
where beer with an alcohol content of 5.6% or less by weight or wine with
an alcohol content of 17% or less by weight shall be served, the following
additional requirements shall apply:
(1)
Unless a caterer serves such alcoholic beverages and complies with the provisions of § 65-8B(1)(a) through (f), either the City or the City's co-sponsor, at the discretion of the Mayor, must provide host liability insurance coverage for the City in the amount of $3,000,000 or such other amount as may be deemed reasonably necessary by the insurance carrier for the City.
(2)
The City's co-sponsor may, at the discretion of
the Mayor, be required to pay a nonrefundable permit application fee and obtain
a beer or wine permit to co-sponsor such event.
[Amended 12-13-1973 by Ord.
No. 22-1973]
Any person committing an offense against any provision of this article
shall be guilty of a violation punishable by imprisonment for a term not exceeding
15 days or by a fine not exceeding $250, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this article shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
