[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:
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.
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.
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.
