Village of Spencerport, NY Chapter 107 Alcoholic Beverages

[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 11-14-1972 (Ch. 27 of the 1988 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Amusement centers and games — See Ch. 111.

Parades and assemblies — See Ch. 216.

Parks — See Ch. 220.

Sidewalk cafes — See Ch. 255.

§ 107-1 Determinations.

The Board of Trustees of the Village of Spencerport finds that the consumption of beer and other alcoholic beverages in public areas is detrimental to the health, safety and welfare of its residents, causes unsightly and unsanitary conditions and creates a nuisance.

§ 107-1.1 Definitions. [1]

As used in this chapter, the following terms shall have the meanings indicated:

INTENT TO CONSUME

Includes any of the following: drinking from the container; possession with movement of the container to the mouth; and any circumstances evidencing an intent to ultimately consume in any public place.

OPEN OR UNSEALED BOTTLE OR CONTAINER

Any bottle, can, glass or other receptacle suitable for or used to hold any liquid, which has been uncapped, uncorked, the tab removed or the top sliced, cut or broken, or its original condition altered in such a way that the liquid can flow out of it.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 107-2 Prohibitions; exception.

[Amended 1-17-1984 by L.L. No. 25-1984]

A. No person shall consume any alcohol, spirits, liquor, beer, cider, wine or any other liquid or solid containing alcohol capable of being consumed by a human being, while such person is on any sidewalk, highway, street, parking area, park, playground or Village building in the Village of Spencerport, except those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.

B. No person shall have in his possession an open or unsealed bottle or container containing any alcohol, spirits, liquor, beer, cider, wine or any other liquid or solid containing alcohol capable of being consumed by a human being, with the intent to consume such alcoholic beverage, by himself or by another, while such person is on any sidewalk, highway, street, parking area, park, playground or Village building in the Village of Spencerport, except those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Any open bottle or open container in any vehicle shall be presumptive evidence that the same is in the possession of all of the occupants thereof and in violation hereof.

D. This chapter shall not apply to any person drinking an alcoholic beverage or in the possession of an open container containing an alcoholic beverage while operating a motor vehicle or while a passenger thereof upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 107-3 Penalties for offenses.

[Amended 2-2-1988 by L.L. No. 1-1988]

An offense against the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.