[HISTORY: Adopted by the Town Board of the Town of Van Buren 10-29-1980. Amendments noted where applicable.]
It is the purpose of this chapter to protect the health, safety and general welfare of the inhabitants of the Town of Van Buren by controlling the drinking of liquor, beer, wine and other alcoholic beverages in public places and on public property.
As used in this chapter, the following terms shall have the meanings indicated:
- INTENT TO CONSUME
- 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.
- OPEN CONTAINER
- A container, as defined herein, with the contents exposed to the atmosphere or the seal thereof broken.
Possession of open containers.
No person shall have in his possession any open bottle or open bottle or container containing liquor, beer, wine or other alcoholic beverage, with intent to consume the same, while such person is on any public highway any public street, a public walk or walkway, public or quasipublic parking area or in any vehicle or public place within the Town of Van Buren, excepting those premises duly licensed for the sale and consumption of alcoholic beverages on the premises, in said town.
An open bottle or open container in any vehicle shall be presumptive evidence that the same is in the possession of all the occupants thereof and in violation thereof.
The Town Board of the Town of Van Buren expressly reserves the right itself or through a duly appointed park official to issue a license to benevolent or other service organizations or associations, which will authorize said organizations or associations to use open bottles and containers of alcoholic beverages at public parks for certain activities. Permission will be granted only to those who furnish evidence that all rules and regulations of the Alcoholic Beverage Commission of the State of New York have been complied with.
All other persons, groups or parties other than the organizations named above shall be subject to the current Van Buren park rules and regulations relating to the use of alcoholic beverages while in town parks which rules and regulations shall be considered as part of this chapter as if set forth at length herein.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense.