[HISTORY: Adopted by the Board of Trustees of the Village of Angola
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-16-1985 by L.L. No. 3-1985
(Ch 65, Art. VIII, of the 1974 Code)]
A.
The Board of Trustees finds that the unrestricted consumption
of alcoholic beverages in certain public places often leads to disorders and
related problems as well as the littering of such public places and is disturbing
to the public and threatens peace and good order.
B.
The purpose of this article is to prohibit the consumption
of alcoholic beverages in certain public places in order to prevent disorderly
behavior and the littering of public places and to protect the public health,
safety and welfare and to promote the public good.
A.
Prohibited. No person shall, within the Village of Angola,
drink or otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public sidewalk, street, highway, parking
lot, bathing beach, public park or such other public place as defined by § 240.00
of the Penal Law of the State of New York. Section 240.00 of the Penal Law
contains the following definitions:
- PUBLIC PLACE
- A place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
- TRANSPORTATION FACILITY
- Any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, railroad, motor vehicle or any other method. It includes aircraft, watercraft, railroad cars, buses, and air, boat, railroad and bus terminals and stations and all appurtenances thereto.
B.
Possession of open containers. No person shall carry or have in his or her possession, within the Village of Angola, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in Subsection A of this section.
C.
Presumptions.
(1)
The possession of an open bottle or open container unwrapped
or with the top exposed in a public place, as herein defined, shall be presumptive
evidence that such open bottle or open container is intended to be consumed
in a public place.
(2)
An open bottle or open container in any vehicle while
in or on any public sidewalk, street, highway, parking lot, bathing beach,
public park or other public place, as defined by § 240.00 of the
Penal Law of the State of New York, shall be presumptive evidence that the
same is in the possession of all of the occupants thereof.
A.
Application. If any individual or organization desires
to have, distribute or consume alcoholic beverages on public property in the
Village of Angola, said individual or organization must apply to the Village
Clerk-Treasurer of the Village, or his/her duly authorized representatives,
for a permit therefor, at least three days prior to the date scheduled for
using such beverages. No fee shall be charged for the granting of said permit. [1]
B.
Issuance conditions. A permit shall be issued only upon
the following conditions:
(1)
Such individual or organization, by its duly authorized
officer, must agree, in writing, to assume full responsibility for supervising
the conduct of the group or individuals benefiting from such permit and to
properly clean up and restore the premises, after use, to their prior conditions.
(2)
Such individual or organization must further agree, in
writing, that adequate precautions shall be taken to ensure that minors will
not be served or allowed to consume alcoholic beverages at the permitted event
or gathering.
(3)
No alcoholic beverages shall be distributed or consumed
other than on the specified premises described in the permit and only during
the time stated therein.
(4)
No permit shall be issued to any individual or organization
which has previously been issued a permit and has failed to comply with the
provisions hereof.
No person shall discard alcoholic or other beverage containers upon
any public sidewalk, street, lane, highway, parking lot, park or recreation
area or other public property within the Village of Angola.
Any person who shall violate any provision of this article shall be
subject to the following mandatory penalty:
