Village of Blasdell, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Blasdell 12-17-1980 as L.L. No. 3-1980. Amendments noted where applicable.]

§ 78-1
Legislative intent. 

§ 78-2
Possession or consumption in public places. 

§ 78-3
Exceptions; permits; issuance of permits. 

§ 78-4
Discarding of containers. 

§ 78-5
Penalties for offenses. 

It is the intent of the Village of Blasdell, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the village by enacting this chapter since it is the finding of the Board of Trustees that the consumption of alcoholic beverages and/or the possession of open containers of alcoholic beverages by persons on public premises, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the village and contributes to the development of unsanitary conditions and the creation of nuisances. It is further the intent of the Board of Trustees of the Village of Blasdell that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.

No person shall have, possess, carry or transport any liquor, wine, beer or other alcoholic beverage in an open bottle or other open container in or upon any public sidewalk, street, lane, highway, building, parking lot, park or recreation area or other public property, or in any vehicle upon such area, within the Village of Blasdell. No person shall drink or otherwise consume any liquor, wine, beer or other alcoholic beverage in or upon any of the aforesaid public areas or property within the Village of Blasdell.

A. 

Exceptions. The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Village of Blasdell and at which consumption of alcoholic beverages shall be permitted during those hours when such function is open to the public. This exception shall apply only in the event that a permit has been obtained by the sponsor of said fair, picnic or other community gathering pursuant to Subsection B below.

B. 

Permits. Upon application duly made not less than seven days (not counting holidays or Sundays) prior to the proposed date of the fair, picnic or other community gathering, in such form as the Village Clerk shall require, and upon payment of the required fee, a permit for the allowance of the consumption of alcoholic beverages upon the occasion of such a fair, picnic or other community gathering, for hours specified in said permit, shall be issued by the Village Clerk five days (not counting holidays or Sundays) after the application is made unless:

(1) 

The fair, picnic or other community gathering for which a permit is sought would conflict with another similar fair or event for which a permit is to be or has been issued and for which application was made previous to the application to be rejected.

(2) 

The Mayor or Police Administrator shall advise the Village Clerk that the fair, picnic or other community gathering for which the permit is sought would endanger the public health or safety or would be detrimental to the public welfare.

(3) 

The fair, picnic or other community gathering is to be held for the purpose of advertising any commercial product, goods or event or is designated purely for private profit.

C. 

Issuance.

(1) 

Review of applications. The Village Clerk shall promptly mail written notice to the Mayor and the Police Administrator of any and all applications for permits under this chapter. If advised by either official that the fair, picnic or other community gathering for which this permit is sought would endanger public health or safety or be detrimental to the public welfare, the Village Clerk shall promptly notify the members of the Board of Trustees that he has been so advised and shall refrain from issuing the permit sought until directed to do so by resolution of the Board of Trustees.

(2) 

Contents of permit. Each permit issued under this chapter shall specify names of the organizations participating; the name of the person (or if a committee without a chairman, the names of the members of the committee) chiefly responsible for the organization, operation and maintenance of the fair, picnic or other community gathering; a specific identity of any and all properties upon which said fair, picnic or other community gathering will occur and the hours during which the permit encompasses.

(3) 

Conditions. A permit shall be issued only upon the following conditions:

(a) 

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 condition.

(b) 

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.

(c) 

No alcoholic beverages shall be distributed or consumed other than on the specific premises described in the permit and only during the time stated therein.

(d) 

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 thereof.

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 Blasdell without express permission of the village.

The violation of any of the provisions of this chapter shall be punishable by a maximum fine of $250 or by imprisonment for 15 days, or by both such fine and imprisonment. Each day any violation shall continue shall constitute a separate violation.