As used in this chapter, unless the context or subject matter otherwise
requires, the following words shall have the following meanings:
ALCOHOLIC BEVERAGE
Includes all such beverages as defined in § 3 of the Alcoholic
Beverage Control Law of the State of New York.
CONTAINER
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
INTENT TO CONSUME
Drinking from the container, with alcohol on the breath of the possessor
and/or any circumstances evidencing an intent to ultimately consume on any
public lands.
PUBLIC PLACE
A place to which the public or a substantial group of persons has
access, and includes, but is not limited to, highways, transportation facilities,
schools, places of amusement, parks, playgrounds and hallways, lobbies and
other portions of apartment houses not constituting rooms or apartments designed
for actual residence.
TRANSPORTATION FACILITY
Any conveyance, premises or place used for or in connection with
public passenger transportation, whether by railroad, motor vehicle or any
other method.
Any open, unsealed, resealed or partially full bottle, can or container
which contains an alcoholic beverage found in any vehicle in any such public
place shall be prima facie evidence that the same is in possession of the
person last having control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic beverages in public
places or possessing open, unsealed, resealed or partially empty bottles,
cans or containers of such alcoholic beverage shall not apply nor be a violation
of this chapter in the event of a gathering in a public park or public facility
which has been granted a permit by the Superintendent of Recreation according
to regulations approved by the Village Board of Trustees of the Village of
Briarcliff Manor, to that portion of a building occupied by the Fire Department,
nor to any place licensed by the State of New York to sell alcoholic beverages
for on-premises consumption. There shall be a fee for the permit as set forth
by resolution of the Village Board of Trustees in the Master Fee Schedule,
which may be amended from time to time.
Any person, upon conviction for a violation of this chapter, shall be
guilty of a violation as defined in Article 10, § 10.00, Subdivision
3, of the Penal Law, which shall be punishable by a fine of not more than
$500 or imprisonment for not more than 15 days, or both.