[HISTORY: Adopted by the Town Board of the
Town of Colonie 8-28-1980 by L.L. No. 9-1980. Amendments noted where
applicable.]
The Town of Colonie recognizes that the use
of alcoholic beverages within public places and areas in the Town
of Colonie must be adequately controlled and regulated 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 chapter is intended to provide such control and
regulation.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any liquid intended for human consumption containing
more than 1/2 of 1% by volume of alcohol.
Any bottle, glass, cup or similar article designed to hold
or capable of holding a liquid.
A parking area for one or more vehicles designed to be used
by patrons of any commercial, industrial, professional or eleemosynary
place of business, including but not limited to such enterprises as
may be duly licensed for the sale and consumption of alcoholic beverages
on the premises.
A place to which the public or a substantial group of persons
has access, including but not limited to any highway, street, road,
sidewalk, lane, public parking lot, shopping area, place of amusement,
playground, park or beach, or any and all publicly owned land(s) located
within the Town of Colonie, except that the definition of a "public
place" shall not include the specific confines of those premises duly
licensed for the sale and consumption of alcoholic beverages on the
premises or within.
Includes a fair, picnic, block party or other community gathering
at any public place.
[Amended 7-10-1986 by L.L. No. 11-1986]
A.
Consumption of alcoholic beverages is prohibited.
Except as hereinafter provided, no person shall consume alcoholic
beverages in or on any public place. This subsection shall not apply
within the specific confines of those premises duly licensed for the
sale and consumption of alcoholic beverages on the premises within.
B.
No person shall break, leave, discard or deposit in
any manner any glass, bottle, glassware, crockery, can or container
of any kind, make or description in or on any public place of any
nature within the Town of Colonie, except and unless it is part of
the act of depositing the same in a trash device specifically designed
for the retention of trash.
A.
Notwithstanding any provisions of this chapter, it
shall not be unlawful for any person to consume an alcoholic beverage
in any public park, playground or other public area under the ownership,
control or supervision of the Town of Colonie, provided that such
alcoholic beverage is consumed consistent with the provisions of the
Recreation and Parks Law of the Town of Colonie (Local Law No. 6-1978)[1] and any amendments thereto.
B.
This chapter shall not apply to any fair, picnic or
other community special event for which a special permit has been
issued by the Town Clerk of the Town of Colonie.
A.
At least five business days prior to the proposed
date of any special event, any person 21 years of age or older may
apply to the Town Clerk, on his own behalf or on behalf of an organization,
for a permit to possess and consume alcoholic beverages described
herein during or in the conduct of any special event.
[Amended 10-10-1985 by L.L. No. 12-1985]
B.
The application shall contain the following information:
(1)
The name of the applicant(s) and the addresses and
telephone numbers of each. If the applicant is an organization, the
name and address of the organization and its officers shall be given.
(2)
The purpose of the special event, the date when it
is proposed to be held, the approximate time when this special event
will start and terminate, the approximate number of persons expected
to attend the special event and the location of the assembly area.
(3)
Such other information as the Town Clerk may deem
reasonably necessary.
C.
No fee shall be required for said special event permit
or application.
D.
Where the Town Clerk shall determine that the proposed
special event is of such character, size and location as to be appropriate
to and in harmony with the surrounding area and that the public health,
morals, safety and general welfare of such neighborhood will not be
endangered by the granting of such permit, he shall issue a permit
conditioned upon the applicant's written agreement to comply with
the terms of such permit.
E.
Upon a denial of the Town Clerk for an application made pursuant to Subsection A hereof, the applicant may appeal the determination of the Town Clerk to the Supervisor or designee by filing a written notice of appeal.
F.
The Town Clerk may waive the requirements of this
section where, in his opinion, any irregularity or noncompliance would
not endanger the public health, morals, safety and general welfare
of such neighborhood and where strict compliance would result in unreasonable
hardship upon the applicant.
Any person committing an offense against this
chapter shall be guilty of a violation punishable by a fine not to
exceed $250 or by imprisonment for a term not to exceed 15 days, or
both such fine and imprisonment.
If any provision of this chapter is inconsistent
with any federal or state statute, law, rule or regulation, then such
statute, law, rule or regulation shall prevail.
