Village of Manorhaven, NY Alcoholic Beverages

Editor's Note: This local law also repealed former Ch. 26, Alcoholic Beverages, Art. I, Consumption in Public, adopted 11-14-1979 by L.L. No. 2-1979, as amended 9-21-1983 by L.L. No. 4-1983.

§ 26-1 Legislative intent.

It is the purpose of this article to protect the public interest, welfare, health and safety within the Village of Manorhaven by prohibiting the consumption of alcoholic beverages in public places within the village. The Village Board finds that possession of an open or unsealed container of alcoholic beverage in a public place within the village leads to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the public peace, littering of the public places and destruction of property. The Village Board finds further that preservation of the public health and prevention of conditions which lead to conduct disturbing the public peace attributable to consumption of alcoholic beverages can be accomplished by the prohibition of consumption of alcoholic beverages in public places and by restricting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.

§ 26-2 Definitions.

For purposes of this article, the following words or phrases shall have the meanings ascribed to them herein. All other words or phrases shall have the meanings normally ascribed to them in regular usage.

ALCOHOLIC BEVERAGE

Includes any liquor, beer, wine, spirits, cider or other liquid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a human being.

CONTAINER

Any bottle, can, glass, cup or other receptacle of any kind.

EVENT

A fair, picnic, block party or other community gathering in any public place.

PUBLIC PLACE

Includes any public highway, street, alley, sidewalk, parking area or lot, park or playground, public building, transportation facility or any other public facility or ground, whether vacant or improved, within the incorporated boundaries of the village.

VILLAGE

The Village of Manorhaven, New York.

§ 26-3 Prohibited activity.

It shall be a violation of this article for any person to:

Consume any alcoholic beverage in any public place within the village.

Have in his possession an open or unsealed container of an alcoholic beverage while in any public place for the purpose of consuming such alcoholic beverage by himself or by another in any public place.

§ 26-4 Exceptions; special permits.

Exceptions. The foregoing prohibition shall not apply to consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by license or permit under the laws and regulations of this state and under the regulations of the village or a gathering or function for which permission has been previously granted by the appropriate governing body, board, agency or commission.

Permits for special events.

(1)

At least 10 calendar days prior to the proposed date of an event, any person may apply to the Mayor of the village, 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 an event.

(2)

The application shall contain the following information:

(a)

The name of the applicant(s) and the address and telephone numbers of each; where the applicant is an organization, the name and address of the organization and its officers shall be given.

(b)

The purpose of the event, the date when it is proposed to be held, the approximate time when this event will start and terminate and the location of the assembly area.

(c)

Such other information as the Mayor may deem reasonably necessary.

(3)

Where the Mayor shall determine that the proposed 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.

(4)

Upon the denial by the Mayor of an application made pursuant to Subsection B(1) hereof, the applicant may appeal the determination of the Mayor to the Board of Trustees of the village by filing a written notice of appeal for hearing by the Board at its next meeting.

(5)

The Mayor may waive the requirements of Subsection B 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.

§ 26-5 Presumptive evidence.

For the purposes of this article, the following rebuttable presumption shall apply: the possession by a person of an open or unsealed container containing an alcoholic beverage, while in or upon a public place within the village, shall be presumptive evidence that said container is possessed with intent to consume the contents thereof.

§ 26-6 Penalties for offenses.

Each violation of this article shall constitute a separate offense and, upon conviction, shall be subject to the following:

For a first offense under this article, a fine of not less than $25 nor more than $250 or by imprisonment for not more than 10 days, or by both such fine and imprisonment.

For a second or subsequent offense under this article, a fine of not less than $50 nor more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.

§ 26-7 Severability.

Should any provisions of this article be judicially determined to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of this article as a whole, and the remaining provisions hereof shall continue in full force and effect.