[HISTORY: Adopted by the Common Council of the City of Albany 7-18-1983 by L.L. No. 2-1983 as Ch. III of the 1983 Code. Amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Includes all distilled or rectified spirits, wine, fermented and malt liquors.
- Includes beer, lager beer, ale, porter and similar fermented malt beverages, the sale of which is not prohibited by a statute of the United States. "Illegal beer" means beer the sale of which is prohibited by the law of the United States.
- BEER GARDEN
- Includes a yard or open space used as a restaurant, or adjoining a restaurant and owned and operated by the same person as such restaurant.
- BUILDING CONTAINING LICENSED PREMISES
- Includes the licensed premises and also any part of the building in which such premises is contained and any part of any other building connected with such building by direct access or by a common entrance. It shall also include the building in which cooking or preparation of food for any beer garden is carried on.
- A group of individuals, incorporated or otherwise, which is the owner, lessee or occupant of an establishment, which includes a restaurant, operated in a bona fide manner solely for objects of recreational, social, patriotic, political or athletic nature but not for pecuniary gain, and the property as well as the advantages of which belong bona fide to all the members; "club" as herein used also means the establishment so operated.
- CONVICTED and CONVICTION
- Include and mean a finding of guilt resulting from a plea of guilty, the decision of a court or Magistrate or the verdict of a jury, irrespective of the pronouncing of judgment or the suspension thereof.
- DISTRIBUTOR OR WHOLESALER
- Any person who sells at wholesale beverage for the sale of which a license is required under the provisions of this article.
- DRUG STORE
- A place registered by the New York State Board of Pharmacy for sale of drugs.
- GROCERY STORE
- Any retail establishment where foodstuffs are regularly and customarily sold in a bona fide manner for consumption off the premises.
- A building regularly used and kept open as such in a bona fide manner for the feeding and lodging of guests, where all who conduct themselves properly and who are able and ready to pay for such services are received if there are accommodations for them. The term "hotel" shall also include an apartment hotel wherein apartments are rented for fixed periods of time, either furnished or unfurnished, to the occupants of which the keeper of such "hotel" regularly supplies food in a restaurant in such "hotel."
- A license issued pursuant to this article.
- Any person holding a license.
- Includes the feminine unless otherwise specifically provided.
- MEMBER OF A CLUB
- A person who, whether as a charter member or admitted in agreement with the bylaws of the club has become a bona fide member thereof, who maintains his membership by the payment of his annual dues in a bona fide manner in accordance with such bylaws and whose name and address is entered on the list of members.
- Any person who sells at retail any beverage for the sale of which a license is required under the provisions of this article.
- Includes an individual, copartnership, corporation, society and joint-stock company.
- PREMISES LICENSED or LICENSED PREMISES
- That part of a building for which a license has been issued.
- PREMISES WHERE BEER IS SOLD
- Includes the room or rooms where it is sold, also any part of the building in which such room is contained or any building connected with such building by direct access or by a common entrance which shall also include any beer garden and building in which cooking or preparation of food for such beer garden is carried out.
- Only a room regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, which has suitable table accommodations for at least twenty (20) guests therein at one and the same time, and a kitchen connected therewith containing conveniences for cooking sufficient to provide meals in a bona fide manner for twenty (20) guests at one and the same time. Table accommodations, for the purpose of this definition, shall not include seats or chairs arranged at a counter, bar or similar contrivance. The term "guest," within the meaning of this definition, is a person who, during the hours when meals are regularly served therein, goes to a "restaurant" for the purpose of obtaining, and actually orders and obtains at such time in good faith, a meal therein.
- RETAIL SALE or SALE AT RETAIL
- A sale to a consumer or to any person for any purpose other than for resale.
- Any transfer, exchange or barter in any manner or of any means whatsoever for a consideration and includes and means all sales made by any person, whether principal proprietor, agent or employee. "To sell" includes to solicit or receive, whether to keep or expose for sale and to keep with intent to sell.
- TRAFFIC IN
- Includes the retail sale of beer.
Any person desiring to establish, maintain or operate a place wherein beer may be sold on or off the premises or to distribute as defined herein shall make application for the license to the Chief of Police upon blanks prepared and furnished by him. Such application shall contain the names and residences of the applicant, if an individual, firm or partnership, or the names of the officers and their residences if the applicant is a society, club, corporation or association of persons.
If the person be an individual or copartnership, his or their previous places of employment, whether married or single, whether he or they have been convicted of a felony or a misdemeanor, and the length of time of residence in the City of Albany.
The premises where the sale of beer as provided in this article is to be conducted or maintained, giving street number.
Whether such business is to be carried on in connection with some other kind of business.
The name of the owner of the premises wherein traffic in beer is to be conducted.
The floor on which such traffic in beer is to be located and whether any partition or obstruction separates or divides such room or rooms or in any way prevents a clear view thereof from the street if on the ground floor, and from the entrance on any floor above the ground floor.
Such other information as the Chief of Police may from time to time require.
The application shall be signed and acknowledged by the applicant before a notary public or other officer authorized to administer oaths.
Upon receipt of any application the Chief of Police shall cause an investigation to be made of the facts stated in such application, of the character and reputation of the applicant or applicants for the purpose of ascertaining whether the same are as represented in such application and if the cleanliness and sanitary condition of such premises, equipment and methods to be used with a view to the preservation of the public health, welfare and safety. For the purpose of such investigation the Chief of Police shall have the assistance and cooperation of the Superintendent of Public Buildings, Health Officer, and every other department, bureau or official of the City.
The approval of such a license may be refused by the Mayor to any applicant or applicants if any of the persons in the application or connected therewith are not of good moral character and have been convicted of a felony or misdemeanor. If the approval of the application is rejected, the Chief of Police shall notify the applicant in writing, giving the reasons for the same.
No license shall be issued to any corporation or joint-stock company for the traffic in beer as provided for herein, except in the conduct of a "restaurant" or "hotel" unless if the applicant is a corporation, the principal place of business of such corporation is in the City of Albany and at least one (1) of the executive officers of the corporation is a resident of the City of Albany, and if the applicant is a joint-stock company, the principal place of business of the joint-stock company is in the City of Albany, and the legal resident of at least one (1) of the executive officers is in the City of Albany. No person shall receive a license to traffic in "beer" who has been convicted of a felony; who is under the age of twenty-one (21) years; who is not a citizen of the United States; who is a copartnership, unless one (1) or more of the members of such copartnership owning at least one-half (1/2) interest in the business thereof shall be a citizen of the United States.
Licenses issued under authority of this article shall be of three (3) kinds: on sale license, which shall permit the licensee to sell beverage for consumption on the premises only; off sale license, which shall permit the licensee to sell such beverage in original package for consumption off the premises only; and distributor's or wholesaler's license, which shall permit the licensee to sell and distribute beer in case lots for home consumption or other trade to be drunk off the premises.
All applicants for license shall pay to the City of Albany a license fee of twenty-five dollars ($25.) per annum, the same to be paid to the Chief of Police before the license is issued. Each kind of license shall be good until March 31 next succeeding the date of issuance of said license.
On sale licenses shall be granted only to bona fide restaurants, beer gardens, hotels, clubs and other places where beer can be sold as designated in this article. Off sale licenses shall only be granted to grocery stores and drug stores as described herein.
The Chief of Police shall keep a record of all applications for licenses and shall issue a license after each application has been approved and the license fee paid by the licensee. Such license shall authorize the licensee to sell beer as described in § 105-1 of this article between the hours of 6:00 a.m. and 12:00 midnight of that day.
All licenses required by the provisions of this article to sell beer as herein described shall expire on the first day of April next succeeding the date of their issue, and at which time they shall be issued for a further period of twelve (12) months upon paying the license fee herein provided. Whatever the date of the issuance of said license there shall be due and payable for such license a license fee of twenty-five dollars ($25.), which allows the licensee to sell beer as herein provided until the first day of April next.
The Mayor and the Chief of Police shall be empowered to determine whether or not a certain place shall be licensed for the sale of beer as described in this article, and the determination of the Mayor and the Chief of Police shall be final.
No person, firm, association or corporation shall sell or offer for sale by retail within the City of Albany any beer without having first obtained a license so to do.
The license issued in pursuance to the provisions of this article shall authorize the licensee to sell in addition to the beverage authorized to be sold herein described as beer all of the beverages enumerated in Section 1 of an ordinance adopted by the Common Council of the City of Albany on the third day of April 1933, without the payment of an additional license fee.
The license herein issued may be suspended by the Chief of Police at any time for violation of the terms and conditions of this article or any other ordinance of the City of Albany or the laws of the State of New York or of the United States. The license may also be revoked by the Chief of Police with the approval of the Mayor at any time for violation of the terms and conditions of this article or any other ordinance of the City of Albany or the laws of the State of New York or of the United States. If the license is suspended the Chief of Police shall determine whether or not the causes causing the suspension are true, and if true the license shall be revoked with the approval of the Mayor. If the person whose license is revoked desires a hearing the Chief of Police shall give such hearing in accordance with the regulations and rules duly adopted and promulgated by the Chief of Police with the approval of the Mayor.
The Mayor and the Chief of Police shall provide printed licenses, books and records for the proper carrying out of the provisions of this article, and shall be authorized with the consent of the Board of Estimate and Apportionment to provide any additional help that may be necessary for such purpose.
The licensee shall display his license in a public and conspicuous place at the place where the license shall be applicable so that the same shall always be easily seen and read by any person entering said licensed place for the purpose of purchasing the goods herein authorized to be purchased.
The Mayor of the City of Albany and the Chief of Police are hereby authorized to promulgate rules and regulations not inconsistent with law for the carrying out of the provisions of this article.
This article has been adopted for the purpose of preserving and caring for the safety, health, comfort and general welfare of the inhabitants of the City.
If any provisions of this article or the application thereof to any person or circumstance is held invalid, the validity of the remainder of said article and the application of such article to other persons and circumstances shall not be affected thereby.
Any person who shall conduct a refreshment business without the license required by this article or who shall conduct or attempt to conduct a refreshment business during the period when his or its license is suspended or who shall violate any of the terms or provisions of this article shall be guilty of a misdemeanor and shall be liable to a fine not exceeding one hundred fifty dollars ($150.) in amount or to imprisonment not exceeding one hundred fifty (150) days, or to both such fine and imprisonment.
This article shall be known and shall be cited as the "City of Albany Open Container Ordinance."
The City of Albany recognizes that the use of alcoholic beverages within public places and areas in the City of Albany must be adequately controlled and regulated so as to prevent public disorder, nuisances, loud noise, littering and other acts and conditions detrimental to the health, safety, peace and welfare of the residents of the City of Albany, and this article is intended to provide such control and regulation.
As used in this article, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Any liquid intended for human consumption containing more than one-half of one percent (1/2 of 1%) by volume of alcohol.
- Any bottle, glass, cup or similar article, regardless of labeling, designated to hold, or capable of holding, a liquid.
- Any person in whom is vested ownership, dominion, title or a right of possession in property and shall include, but is not limited to, tenants of rental housing.
- PUBLIC PARKING LOT
- A parking area for one (1) or more vehicles designed to be used by patrons or employees of any commercial, industrial, professional or eleemosynary place of business, including but not limited to such enterprises as may be duly licensed for the sale and consumption of alcoholic beverages on the premises.
- 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, lane, public parking lot, shopping area, place of amusement, playground, park, beach, any and all publicly owned land(s) located within the City of Albany and private property where one (1) or more persons have gathered without the consent of the owner of the property, except that the definition of a "public place" shall not include the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within.
- SPECIAL EVENT
- Includes a fair, picnic, block party or other community gathering at any public place, at which time alcoholic beverages will be consumed, possessed with intent to consume or sold.
- Any vehicles or motor vehicles as defined by the New York State Vehicle and Traffic Law.
The possession of alcoholic beverage in open containers in a public place is prohibited. Unless otherwise authorized and except as hereinafter provided, no person shall have in his possession, with intent to consume, an opened and unsealed bottle, can or other container containing any alcoholic beverage in or on any public place in the City of Albany or in any vehicle which is parked, being drawn or moving on or over a public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within.
Consumption of alcoholic beverage in a public place is prohibited. Except as herein after provided, no person shall consume alcoholic beverages in or on any public place or in or on any vehicle which is parked, being drawn or moving on or over a public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within.
Improper disposal of containers is prohibited. No person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind, make or description in or on any public place of any nature within the City of Albany or on any private property, unless and except that it is part of the act of depositing the same in a trash device specifically designed for the retention of trash.
Notwithstanding any provisions of this article, it shall not be unlawful for any person to consume or possess with intent to consume an alcoholic beverage in or on any public place in the City of Albany, provided that such alcoholic beverage is consumed or possessed with intent to consume pursuant to a special event permit issued by the City Clerk of Albany.
[Amended 7-18-1984; 4-7-1986]
At least twenty (20) business days prior to the proposed date of any special event, any person twenty-one (21) years of age or older may apply to the City Clerk of the City of Albany, on his own behalf or on behalf of an organization, for a special event permit to possess and consume alcoholic beverages described herein during or in the conduct of any special event. For good cause, the City Clerk may waive the requirement that the application be made at least twenty (20) business days prior to the proposed special event.
The application shall contain the following information:
The name(s) of the applicant(s) and the address and telephone number of each. If 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 proposed location of the special event, the proposed date(s) and times of operation, the number of persons expected to attend, the security measures planned, what precautions will be taken to ensure that minors will not be served nor allowed to consume alcoholic beverages, and what steps will be taken to ensure the proper cleanup and restoration of the premises, after use, to its prior condition.
Such other information as the City Clerk may deem reasonably necessary.
A fee of $11 shall be required for a special event permit application, whether or not a permit is issued for a special event.
[Amended 11-25-2002 by Ord. No. 42.112.02]
Where the City Clerk of the City of Albany shall determine from the information provided in the application for a special event permit that the public health, safety and general welfare of the City of Albany will not be endangered by the granting of such a permit, and acting upon the recommendations of the appropriate officials of the City of Albany, he shall issue a permit, setting forth the location, number of persons, date and times for which the permit is effective, conditioned upon the applicant's written agreement to comply with the terms of such permit.
Upon denial by the City Clerk of an application made pursuant to Subsection A hereof, the applicant may appeal the determination of the City Clerk to the Mayor of the City of Albany or his designee by filing a written notice of appeal within five (5) days of denial.
A special event permit issued by the City Clerk authorizing the possession and consumption of alcoholic beverages at a special event shall be conspicuously displayed at such special event.
It shall be the responsibility of any police officer of the City of Albany Police Department, after his finding that the provisions of the permit for special events are not being followed, to immediately revoke such permit upon the authority of the Chief of Police or his designee. The person or organization to whom the permit was issued may appeal such revocation to the Mayor of the City of Albany by filing a written notice of appeal.
Any person committing an offense against this article shall be guilty of a violation punishable by a fine not to exceed one hundred fifty dollars ($150.) or by imprisonment for a term not to exceed ten (10) days, or by both such fine and imprisonment, for the first offense, and by a fine not to exceed two hundred fifty dollars ($250.) or imprisonment for a term not to exceed fifteen (15) days, or by both such fine and imprisonment, for a second or subsequent offense.
An open bottle or open container in any vehicle shall be presumptive evidence that the same is in possession, with intent to consume, of and by all the occupants thereof, and all are in violation hereof.
Should any section or provision of this article be declared unconstitutional or invalid by the courts, such decision shall not affect the validity of the balance of this article.
If any provisions of this article are inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
This article shall take effect on July 13, 1981.