[HISTORY: Adopted by the Town Board of the Town of Philipstown as indicated in article histories. Amendments noted where applicable.]
Disorderly conduct — See Ch. 74.
[Adopted 9-1-1983 by L.L. No. 1-1983]
This article shall be known and may be cited as the "Philipstown Alcoholic Beverage Control Law."
[Amended 11-2-2000 by L.L. No. 7-2000]
The Town Board of the Town of Philipstown recognizes that the consumption of alcoholic beverages in public places within the Town of Philipstown must be controlled to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the Town of Philipstown, and this article is intended to provide such control.
As used in this article, the following words shall have the meanings set forth below:
- 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.
- A. Any highway, street, sidewalk, park, playground, beach, lake, public parking lot, shopping center, mall or any other facility or place which the public or a substantial group of persons has access within the boundaries of the Philipstown Continental Village Park District as said boundaries are described in an order of the Town Board of the Town of Philipstown dated October 4, 1968, and recorded in the Putnam County Clerk's Miscellaneous Liber 7, beginning at Page 22, on October 17, 1968. Said Park District shall also include, for the purposes of this article, the parcels which are identified as "Excepting and Reserving," "Also Excepting and Reserving" and "Also Excepting and Reserving and Excluding" in the aforesaid order which appear in the Putnam County Clerk's Miscellaneous Liber 7 at Pages 25-32; or
- B. The park more particularly described as Lot 1B on map prepared for "Malcolm Gordon School, Ltd." by Badey & Watson Surveying & Engineering, P.C., dated July 2, 1996, and last revised August 14, 1996, and filed in Putnam County Clerk's office as Map No. 2581 A.
- C. "Public place" shall not include 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 of the State of New York and shall not include the interior of any building.
A person who possesses an open container containing any alcoholic beverage in any public place, as defined herein, is presumed to possess it with the intent to consume such alcoholic beverage when:
Such person is in an intoxicated condition; or
Such person, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
Engages in fighting or in violent, tumultuous or threatening behavior;
Makes unreasonable noise;
In a public place, uses abusive or obscene language or makes an obscene gesture;
Without lawful authority, disturbs any lawful assembly or meeting of persons;
Obstructs vehicular or pedestrian traffic;
Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
Application for permit.
Any person, firm, corporation, association or organization may apply for a permit exempting a designated public place for a specified period of time from the application of this article.
Such application shall be made on forms prescribed by resolution of the Town Board and shall be accompanied by a nonrefundable fee to be established by resolution of the Town Board. The Town Board may amend such forms or the amount of such fee at any time by resolution.
The application, with the prescribed fee, shall be submitted to and approved by either the Supervisor or Town Clerk.
The application may be denied by the Supervisor or Town Clerk upon a determination that the exemption will or may result in an undue interference with the flow of vehicular traffic or otherwise result in a hazard to the public health, safety or welfare.
A permit issued pursuant to this Article shall be valid only for the date or dates and hours specified thereon, may not be issued for a period of more than three consecutive days and shall not be valid before 12:00 noon and after 2:00 a.m. on any day.
The person, firm, corporation, association or organization receiving a permit under this article shall keep the same openly displayed during the hours such permit is in effect and shall exhibit the same to anyone wishing to inspect it.
Failure to keep such permit openly displayed or to exhibit the same on demand shall be presumptive evidence that no such permit has been obtained.
The applicant shall be responsible for removal of litter, rubbish, debris and garbage from the designated area at the conclusion of the permit period. Failure to remove such items from the designated area shall constitute a violation of this article, and the applicant shall be subject to prosecution and the penalties set forth in § 53-7 below.
Any person who is convicted of violating this article shall be guilty of a violation which shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
[Adopted 11-1-2007 by L.L. No. 8-2007]
The Town of Philipstown finds that parties on private property where alcohol is consumed by minors are harmful to the minors themselves and to the communities where such parties are held.
Police ability to abate gatherings and fine the host of the party where alcohol is being consumed by minors on private property will result in a decrease in abuse of alcohol by minors and resulting physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving public safety in the community.
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 Town of Philipstown.
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.
Accordingly, the Town of Philipstown finds and declares that the purpose of this article is:
To protect public health, safety and general welfare of the Town of Philipstown and its residents;
To enforce laws prohibiting the consumption of alcohol by minors; and
To prohibit the hosting of parties, gatherings or events at which minors may consume alcohol and to reduce the costs of providing police services to same.
For purposes of this article, the following terms shall have the meanings indicated:
- Ethyl alcohol, hydrated oxide of ethyl, or spirit of wine from whatever source or by whatever process produced.
- ALCOHOLIC BEVERAGE
- 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 article.
- 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 which 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 stepparent 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 in violation of § 53-10 herein shall be subject to conviction of a Class A misdemeanor, punishable by up to one year in jail and/or a $3,000 fine.
The Town of Philipstown 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 procedures provided for in this article are in addition to any other statue, ordinance or law. This article in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this article, nor does it limit in any way the prosecution's ability to initiate and prosecute a criminal prosecution for any violation of a criminal offense arising out of the same circumstances necessitating the application of this article.
If any section, subsection, sentence, clause, phrase or word of this article is for any reason held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions hereof.