[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:
Includes any liquid intended for human consumption containing more
than one-half of one percent (1/2 of 1%) by volume of alcohol.
Includes a fair, picnic, block party or other community gathering
in any 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.
