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.
CONTAINER
Any glass, bottle, can, keg or other receptacle suitable for, or
used to hold, any alcoholic beverage.
OPEN
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:
A. 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.
B. 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.
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.