[HISTORY: Adopted by the Town Board of the
Town of Greenburgh 3-26-1997 by L.L. No. 3-1997. Amendments noted where
applicable.]
GENERAL REFERENCES
Cabaret law — See Ch. 330.
The Town Board finds that the public consumption
of alcohol is directly related to many public order offenses impacting,
directly and indirectly, the quality of life in Town. The unregulated
public consumption of alcohol is directly related to alcohol use by
persons underage and activities inconsistent with the residential
nature of our Town. Accordingly, the Town Board seeks to regulate
such activity and prohibit the public consumption of alcohol under
certain circumstances.
Unless otherwise indicated, the following words
and phrases shall have the following meaning:
Any liquid intended for human consumption containing more
than 1/2 of 1% of alcohol by volume.
The consumption of any alcoholic beverage in any manner in
a public place and outside the ambit of a retail establishment licensed
to serve alcohol. Possession of an open or partially consumed container
or vessel of an alcoholic beverage in a public place under circumstances
which tend to evince an intent to consume the alcoholic beverage shall
create a rebuttable presumption that such person did intend to consume
the contents thereof in violation of this chapter.
Any place or location open to the public, including but not
limited to any street, highway, road, alley, sidewalk, parking area,
shopping area, school grounds, playground or public park located within
the unincorporated area of the Town of Greenburgh. “Public place”
shall also include the public areas of all property under control
of the Greenburgh Housing Authority and the interior, passenger area
of any stationary motor vehicle on any street, highway, road, alley,
parking area, shopping area, school grounds, playground or public
park. The term "public place" shall not include private property restricted
to private use.
The unincorporated area of the Town of Greenburgh.
A.
The public consumption of an alcoholic beverage and/or
the possession of an alcoholic beverage under circumstances evincing
an intent to consume such alcoholic beverage, without a permit and
while not otherwise excepted, is prohibited within the Town.
B.
Consumption of alcohol on parkland is prohibited,
except at the Greenburgh Nature Center when authorized by a permit
issued by the Commissioner of Parks and Recreation to serve beer and
wine only for events sponsored by the Greenburgh Nature Center. Permits
issued to the Greenburgh Nature Center are not to exceed, four per
calendar year.
[Amended 8-29-2012 by L.L. No. 8-2012]
The following acts and activities are deemed
exempt and not subject to this chapter:
A.
The consumption of any medicine containing alcohol
under circumstances evincing an intent to treat or remedy a medical
condition.
B.
The public consumption of alcoholic beverages by the
patrons of any tavern or restaurant licensed to serve alcoholic beverages
whose license may extend upon a street or into a shopping area.
C.
The consumption of alcoholic beverages as permitted
by the New York State Vehicle and Traffic Law § 1227.
[Amended 8-29-2012 by L.L. No. 8-2012]
Public consumption of alcoholic beverages on
Town property when authorized by permit issued by the Town Clerk and
public consumption of beer and wine at the Greenburgh Nature Center
when authorized by permit issued by the Commissioner of Parks and
Recreation shall be lawful.
A.
Any person
may apply for a permit to consume alcoholic beverages on public property,
except where otherwise prohibited. Applications to consume alcoholic
beverages on public property shall be made to the Town Clerk concerning
requests for a permit on Town property other than the Greenburgh Nature
Center or to the Commissioner of Parks and Recreation concerning permits
specifically for the Greenburgh Nature Center. Applications shall
be in writing and explain the surrounding circumstances. All applications
shall contain the name, address and telephone number of an individual
responsible for the event and who agrees to restrict access to the
alcoholic beverages to adults if permission is granted.
B.
In addition
to the requirements set forth in this section, the Town Clerk or Commissioner
of Parks and Recreation may, in his/her sole discretion after consulting
with the Town Police Chief and/or other Town Officials, require whatever
additional information is deemed necessary to evaluate an application.
C.
Whenever
a permit is issued under this section, the Town Clerk or Commissioner
of Parks and Recreation may, in his/her sole discretion after consulting
with the Town Police Chief and/or other Town Officials, impose whatever
conditions are deemed reasonably necessary to protect public health,
safety and welfare and limit any unreasonably intrusive activity to
the greatest degree practicable under the circumstances.
D.
Whenever
a permit is issued under this section, no person under the age of
21 years shall be permitted to attend any event unless accompanied
by his or her parent or an adult over 21 years of age.
E.
Appeal.
Any person seeking a permit under this section may appeal a decision
by the Town Clerk or Commissioner of Parks and Recreation to deny
a permit or impose conditions to the Town Board. In addition, the
Town Board may entertain an appeal of a decision by the Town Clerk
or Commissioner of Parks and Recreation to grant a permit under this
section upon petition of not less than 25 Town residents who allege
that the proposed activity is not in the public interest.
A.
Any person convicted of violating any provision of
this chapter shall, upon conviction for a first offense, be guilty
of a violation and subject to a penalty of not less than $25 nor more
than $50.
B.
Any person convicted of a second violation of this
chapter within three years of a prior conviction under this chapter
shall be guilty of a misdemeanor and, upon conviction, subject to
a penalty of not less than $100 nor more than $250 and/or imprisonment
for a period not to exceed 15 days.
