The Common Council of the City of Oswego finds that the possession or consumption of alcoholic beverages in public streets and public places, except under certain conditions, is detrimental to the health, safety and welfare of the residents of the City of Oswego, causes unsightly and unsanitary conditions and creates a nuisance.
For the purpose of this chapter, the following terms shall have the meanings herein ascribed to them; all other words shall have the meanings normally ascribed to them.
- ALCOHOLIC BEVERAGE
- Any beer, wine, liquor, spirits, cider or other liquid or solid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a person as more specifically defined by the New York State Alcoholic Beverage Control Law; except that confectionary containing alcohol as provided in Subsection 12 of 200 Agriculture and Markets Law shall not be considered alcoholic beverage within the meaning of this chapter.
- Any bottle, can, glass bottle or receptacle suitable for or used to hold any liquid.
- The actual or apparent authority and ability to regulate, direct or dominate private premises, including but not limited to the control exercised by tenants, lessees, owners and/or landlords who have noticed drinking on their premises.
- Means and includes any substance listed in Section 3306 of the Public Health Law, and any synthetic drug as further defined within this chapter.
- Any person under the age of 21.
- OPEN HOUSE PARTY
- A social gathering or otherwise, at a residence or other private property with minors present.
- A human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
- PUBLIC LANDS
- Any highway, street, park, sidewalk, cemetery, playground, parking area, school ground, exterior premises and adjoining property of any building duly licensed to sell alcoholic beverages within the building.
- Any home, apartment, condominium, cooperative unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.
- SYNTHETIC DRUG
- Means the following:
- A. Any product, whether described as tobacco, potpourri, herbs, incense, spice, aromatic, bath salts, synthetic marijuana, synthetic stimulant or any combination thereof, and whether marketed for the purpose of being ingested or otherwise marketed, which includes, but is not limited to, one or more of the following hallucinogenic substances:
- (1) 1-pentyl-3-(1-naphthoyl) indole; some trade or other names: JWH-018;
- (2) J-butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-073;
- (3) 1-[2-(4-morpholinyl) ethyl]-3-(1-naphthoyl) indole; some trade or other names: JWH-200;
- (4) 5-(1, 1-dimethyloctyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol; some trade or other names: CP-47,497;
- (5) 5-(1, 1-dimethylcictyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol; some trade or other names: cannabicyclohexanol; CP-47,497, CS homologue;
- (6) 4-methylmethcathinone (mephedrone);
- (7) 3, 4-methylenedioxypyrovalerone (MDPV);
- (8) 3, 4-methylenedioxymethcathinone, commonly known as "methylone";
- (9) 3-methoxymethcathinone;
- (10) 3-fluoromethcathinone; or
- (11) 4-fluoromethcathinone.
- B. Any substance prohibited in an order for summary action in the matter of the sale and distribution of synthetic cannabinoids issued by the New York State Department of Health dated March 28, 2012, and any similar order subsequently issued by the State of New York Department of Health.
- C. Any substance prohibited under federal law pursuant to the Synthetic Drug Abuse Prevention Act of 2012.
- D. Any synthetic drug analog, which shall mean a substance containing the following:
- (1) The chemical structure of which is substantially similar to the chemical structure of the synthetic drug as described above; or
- (2) Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a synthetic drug as described above; or
- (3) Which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a synthetic drug as described above.
- E. In order to prevent the creation, possession and use of the drug commonly known as "water," the unauthorized use of embalming fluid or similar compounds is hereby prohibited within the City of Oswego with such unauthorized use of embalming fluid or similar item defined herein and pursuant to § 3400 of the New York State Public Health Law and any applicable provision of federal law. For the purposes of this chapter, "embalming fluid" means any chemicals or substances manufactured primarily for use by licensed funeral directors, undertakers or embalmers, or registered residents, to prepare, disinfect or preserve, either hypodermically, arterially or by any other recognized means, the body of a deceased person for burial, cremation or other final disposition. In particular, such unauthorized use shall include dipping a marijuana or regular cigarette in embalming fluid.
For the purposes of this chapter, it shall be presumed that any alcoholic beverages, spirits, liquor, wine, beer or other alcoholic beverages which are commercially prepared and sold under a brand name contain more than 3.2% alcohol by volume. This presumption shall be rebuttable.
No person shall have, possess, carry or transport, with the intent of the possessor or another to consume or drink from, any open bottle or other open container containing liquor, wine, beer or any other alcoholic beverage in or upon any public sidewalk, street, highway, parking lot, public park or other public lands or in any vehicle upon such areas in the City of Oswego.
It shall not be a prohibited act for persons in groups of five or less to possess, carry or transport, with the intent of the possessor or another to consume or drink from, any open bottle or other open container containing liquor, wine, beer or any other alcoholic beverage in the Breitbeck Park Area, the Wright's Landing Picnic Area or the Fort Ontario Picnic Area.
If any individual or organization desires to distribute or consume alcoholic beverages on public property in the City of Oswego, said individual or organization must apply to the Chief of Police or his duly authorized representative for a permit therefor on or before the date scheduled for dispensing such beverages. No fee shall be charged for the granting of said permit, and said permit shall be issued only upon the following conditions:
Such individual or organization, by its duly authorized officer, must agree, in writing, to assume full responsibility for supervising the conduct of the group of individuals benefiting from such permit and to properly clean up the premises after use.
Such individual or organization must further agree, in writing, that adequate precautions shall be taken to ensure that minors will not be served alcoholic beverages at the permitted event or gathering.
No alcoholic beverages shall be consumed other than on the specific premises described in the permit, and only during the time stated therein.
No permit shall be issued to any individual or organization which has previously been issued a permit and has failed to comply with the provisions hereof.
Permit applicants with outstanding violations or unpaid monies.
No such permit shall be granted to or renewed for an applicant who is in violation of any City of Oswego code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of City ordinances or any other fees or past due monies of any name or nature owed to the City of Oswego (hereinafter "unpaid monies").
The applicant shall have the burden of providing proof in a form acceptable to the department that there are no such violations or unpaid monies.
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this chapter.
Such permit, once granted, shall be revoked in the event that the applicant accrues violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted. The revocation shall take effect five business days after receipt by the permit holder of notice from the City of Oswego of the pending revocation. Upon such revocation, all permitted activities and privileges shall immediately cease.
No application fees shall be refunded upon revocation of the permit.
The applicant must reapply for the issuance of such revoked permit by submitting a new application and paying all necessary application fees, and any such permitted activities or privileges may only be resumed once a new permit has been granted.
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to castor control more than 10% of the votes in such entity.
Notwithstanding the provisions contained in this section to the contrary, when in the opinion of the Director of Code Enforcement the issuance of a permit is necessary to prevent harm to life, safety, or the general welfare of the public, the Director of Code Enforcement shall be authorized to issue said permit for the sole and exclusive purpose of bringing such violations into compliance with the Code of the City of Oswego. Nothing contained herein shall relieve the property owner from complying with all other applicable sections of the Code including, without limitation, the provisions contained in this section.
The violation of any of the provisions of this article shall be punishable by a maximum fine of $250 or by imprisonment for 15 days, or by both such fine and imprisonment, or such other penalties pursuant to the Penal Law of the State of New York: Each day any violation shall continue shall constitute a separate violation.