[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:
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.
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.
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.
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.
Any person who sells at wholesale beverage for the sale of
which a license is required under the provisions of this article.
A place registered by the New York State Board of Pharmacy
for sale of drugs.
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.
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.
That part of a building for which a license has been issued.
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.
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.
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.
A.
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.
B.
The premises where the sale of beer as provided in
this article is to be conducted or maintained, giving street number.
C.
Whether such business is to be carried on in connection
with some other kind of business.
D.
The name of the owner of the premises wherein traffic
in beer is to be conducted.
E.
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.
F.
Such other information as the Chief of Police may
from time to time require.
G.
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:
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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
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.
A.
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.
A.
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.
B.
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.
