[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton Beach 6-10-1983 by L.L. No. 6-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Attire — See Ch. 62.
Noise — See Ch. 110.
A. 
The Board of Trustees of the Village of Westhampton Beach hereby declares and finds it to be in the public interest to prohibit the possession of open containers of alcoholic beverages by persons on public premises with the intent to consume the contents of the same, except as is provided herein.
B. 
The purpose of this chapter is to regulate the consumption of alcoholic beverages on the public streets and ways of the Village of Westhampton Beach consistent with the legal requirements.
As used in this chapter, the following terms shall have the meanings indicated:
NONRECLOSABLE OPEN CONTAINERS
Any open bottles, cans or containers containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York, which cannot be reclosed once it has been opened, such as but not limited to pop-top-type cans, the nonreclosable nature of which shall be presumptive evidence that the person possessing such as an open container does so with the intent to consume the contents of the same.
OPEN CONTAINER
Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the the Alcoholic Beverage Control Law of the State of New York.
A. 
No person shall possess, carry or transport any open container, as defined herein, with the intent to consume the contents of the same, nor shall any person consume the contents of the same while such person is in or upon any public highway, street, walkway, park, recreation area, building or any other public area or in any vehicle in or upon any of the aforementioned places, except as is permitted hereunder or except as is properly permitted at premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
B. 
Any open container in a vehicle or automobile shall be presumptive evidence that the same is in possession of all occupants of the vehicle or automobile.
A. 
No person shall possess, carry or transport any nonreclosable open container, as defined herein, the nonreclosable nature of which shall be presumptive evidence of the intent to consume the contents of the same, nor shall any person consume the contents of the same while such person is in or upon any public highway, street, sidewalk, parking area, park, recreation area, building or other public area or in any vehicle in or upon any of the aforementioned places, except as is permitted hereunder or except as is properly permitted at premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
B. 
Any nonreclosable open container in a vehicle or automobile shall be presumptive evidence that the same is in the possession of all occupants of the vehicle or automobile.
This chapter shall not apply to individuals or organizations distributing or consuming alcoholic beverages in local places who do so with a written permit obtained in advance from the Board of Trustees of the Village of Westhampton Beach, who may condition such permits upon such terms as the Village Board of Trustees in its discretion may impose.
Any person violating the provisions of this chapter shall be guilty of a violation and subject to a fine not exceeding $250 or by imprisonment for not more than 15 days, or by both a fine and imprisonment.