Village of Thomaston, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston 7-14-1980 by L.L. No. 19-1980 as Ch. 95, Art. IV, of the 1980 Code; amended in its entirety 9-28-1993 by L.L. No. 19-1993. Subsequent amendments noted where applicable.]
The Board of Trustees of the Village of Thomaston hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Village of Thomaston.
For the purpose of this Article, the terms used herein are defined as follows:
ALCOHOLIC BEVERAGES
Includes any liquid intended for human consumption containing more than one-half of one percent (1/2 of 1%) by volume of alcohol.
EVENT
Includes a fair, picnic, block party or other community gathering in any public place.
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, parking area, shopping area, place of amusement, playground, park, athletic field or area located within the Village of Thomaston, except that the definition of a "public place" shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.
Unless otherwise authorized by the laws of the Village of Thomaston and except as hereinafter provided, no person shall possess an open bottle, can or other container containing any alcoholic beverage in or on any public place in the village with intent to consume the contents thereof. This Article 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 and on private property.
Except as hereinafter provided, no person shall consume alcoholic beverages in or on any public place in the Village of Thomaston except at an event authorized or approved by the Board of Trustees. This section 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 and on private property.
A. 
At least ten (10) calendar days prior to the proposed date of an event, any person may apply to the Village Clerk on his or her 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.
B. 
The application shall contain the following information:
(1) 
The name of the applicant(s) and the residence address and telephone numbers of each. Where the applicant is an organization, the name, address and telephone number of the organization and the names, residence addresses and telephone numbers of the officers of the organization shall be given.
(2) 
The purpose of the event, the date when it is proposed to be held, the approximate time when the event will start and terminate and the location of the assembly area.
(3) 
Such other information as the Village Clerk may reasonably deem necessary.
C. 
Where the Village Clerk 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, the Village Clerk shall issue a permit conditioned upon the applicant's written agreement to comply with the terms of such permit.
D. 
Upon a denial by the Village Clerk of an application made pursuant to this Article, the applicant may appeal the determination of the Village Clerk to the Village Board of Trustees by filing a written notice of appeal for hearing by the Board of Trustees at its next meeting.
E. 
The Village Clerk may waive requirements of this Article with respect to the contents of such application or otherwise where, in the opinion of the Village Clerk, 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.
If any provision of this chapter is inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
Any person, firm or corporation committing an offense against any provision of this Article shall be punishable as provided in the general penalty provisions contained in Chapter 1, General Provisions, Article II, of this Code.
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Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.