[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway 6-12-2006 by L.L. No. 4-2006. Amendments noted where applicable.]
Amusement devices — See Ch. 81.
Public entertainment — See Ch. 134.
Licenses and permits — See Ch. 187.
Peace and good order — See Ch. 217.
Vehicles and traffic — See Ch. 275.
Editor's Note: This local law provided for the repeal of former Ch. 77, Alcoholic Beverages, adopted 5-22-1978 by L.L. No. 1-1978, as amended.
The Board of Trustees of the Incorporated Village of East Rockaway (hereinafter the "Board of Trustees") finds that the unrestricted consumption of alcoholic beverages in public places within the Village leads to public intoxication, disorderly conduct, littering, and otherwise threatens public peace and good order. The Board of Trustees further finds that there is a significant relationship between the possession of an open container in a public place with the intent to consume the same and the consumption of alcohol in a public place.
It is, therefore, the intent of the Board of Trustees, in enacting this local law, to promote the health, safety and general welfare of Village residents by prohibiting the consumption of alcoholic beverages in public places and to restrict the possession of open containers of alcoholic beverages with the intent to consume the same, except as otherwise permitted herein.
For purposes of this local law, the following words or phrases shall have the following meanings, unless the context requires or indicates a different meaning:
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid containing alcohol and capable of being consumed by a human being, but excludes malt beverage products which are labeled as "nonalcoholic" in accordance with the regulations of the Federal Bureau of Alcohol, Tobacco and Firearms.
- Any glass, bottle, can, keg or other receptacle suitable for, or used to hold, any alcoholic beverage.
- When used in connection with a container, any container which has been perforated or tapped, or on which the cap has been loosened or the cork displaced.
- POSSESSION WITH INTENT TO CONSUME
- Having in one's possession or control an alcoholic beverage in a glass, open bottle, open can, tapped keg or other open container so as to permit consumption by the person in possession thereof, or another person, having the purpose of consuming such alcoholic beverage in a public place.
- PUBLIC PLACE
- A place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground or park located within the Village of East Rockaway, except that the definition of a "public place" shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property, or on a public sidewalk that is used by a duly permitted establishment as a seasonal sidewalk seating area in accordance with Chapter 288.[Amended 11-5-2007 by L.L. No. 18-2007]
- SPECIAL EVENT
- Includes a fair, picnic, block party or other community gathering in any public place.
It shall be a violation of this local law for any person to:
Drink, or otherwise consume, any alcoholic beverage while such person is in a public place, or in a motor vehicle, as defined by the Vehicle and Traffic Law, which is parked or moving on or over a public place.
To carry or have in his possession in a public place any open container containing an alcoholic beverage with the intent of the possessor or another to consume the same.
The possession of an open container containing an alcoholic beverage at a public place shall be presumptive evidence that the contents of such open container are intended to be consumed in a public place.
An open bottle or open container in any vehicle at a public place shall be presumptive evidence that the same is in the possession of all the occupants thereof.
At least 10 calendar days prior to the proposed date of a special event, any person may apply to the Village of East Rockaway, on his own behalf or on behalf of an organization, for a permit to possess and consume any alcoholic beverages described herein during or in the conduct of a special event.
The application shall contain the following information:
The name of the applicant(s) and the address and telephone number of each. Where the applicant is an organization, the name and address of the organization and its officers shall be given.
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 and the location of the assembly area.
Such other information as the Village Clerk may deem reasonably necessary.
Where the Village Board of Trustees 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, the Board of Trustees shall issue a permit conditioned upon the applicant's written agreement to comply with the terms of such permit.
A violation of any provision of this chapter shall constitute an offense punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both. Each violation of this chapter shall be deemed a separate violation.