[HISTORY: Adopted by the Board of Trustees of the Village of Elmira Heights 10-18-1984 by L.L. No. 6-1984 as Sec. 2.8 of the 1984 Code. Amendments noted where applicable.]
The Board of Trustees of the Village of Elmira Heights, New York, recognizes that the use of alcoholic beverages within the public places and areas in the Village of Elmira Heights must be adequately controlled and regulated so as to prevent public disorder, littering or other acts or conditions which are detrimental to the health, safety and welfare of the residents of the village.
As used in this chapter, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGES
- Includes beer, wine, liquor and all other alcoholic beverages as more specifically defined in § 3 of the New York State Alcoholic Beverage Control Law and any amendment thereto.
- PERMITTED PUBLIC PLACES
- Those public places wherein the use and consumption of alcoholic beverages are authorized pursuant to permit or license issued pursuant to the Alcoholic Beverage Control Law or to such places, gatherings or events for which special permission, upon application, has been granted by the Board of Trustees.
- PUBLIC PLACE
- A place to which the general public or a substantial group of persons has access, and includes but is not limited to highways, streets, shopping centers, parking lots, cemeteries, transportation facilities, schools, places of amusement, parks, playgrounds, parking areas, hallways, lobbies and any other public place open to or used by the general public.
No person shall consume any alcoholic beverage in a public place other than a permitted public place.
The Board of Trustees expressly reserves the right to issue a permit temporarily waiving the application of this chapter upon written application. Such permit shall be granted only upon furnishing evidence that all applicable rules and regulations of the Alcoholic Beverage Control Board have been complied with and that such other conditions as the Board of Trustees may establish are satisfied.
There is specifically excluded from the provisions of this chapter the public place known as "Memorial Park," located on the south side of East McCann's Boulevard in an area east of Horseheads Boulevard extended to the easterly limit of the Village of Elmira Heights.