Village of Scotia, NY Chapter 95 Alcoholic Beverages

[HISTORY: Adopted by the Board of Trustees of the Village of Scotia 9-12-1984 by L.L. No. 4-1984. Amendments noted where applicable.]

GENERAL REFERENCES

Mass gatherings — See Ch. 169.

§ 95-1 Public possession and consumption restricted.

No person shall have in his possession any open bottle or container containing liquor, beer, wine or other alcoholic beverage with the intent to consume said alcoholic beverage or to have the same consumed by another while such person is on any public highway, public street, public park or public recreation area or in any vehicle or public place, excepting those premises for which a permit pursuant to § 95-2 of this chapter has been duly issued or those premises duly licensed for sale and consumption of alcoholic beverages on the premises, whatsoever in said village. No person shall drink or otherwise consume any liquor, beer, wine or other alcoholic beverage in or upon any of the aforesaid public areas or property within the Village of Scotia.

§ 95-2 Permit required for sale and consumption on premises.

A. No individual or organization shall engage in activity set forth in § 95-1 herein without first obtaining a permit therefor. Such permit may include permission for an individual or organization to possess, distribute, for consideration or otherwise, or consume liquor, beer, wine or other alcoholic beverage in a public park or recreation area within the Village of Scotia.

B. A permit granting permission to possess, distribute, for consideration or otherwise, or consume the aforesaid alcoholic beverages shall be issued by the Village Board of Trustees or its designee.

§ 95-3 Permit application.

A. Written application shall be made, upon forms provided by the village, to the office of the Village Clerk-Treasurer not less than 30 days prior to the period of time for which a permit is requested.

B. Such application shall describe the proposed activity, the date, hours and location of such activity, the individuals or organization making application, the estimated number of persons benefiting from such permit and such other information as may be required by the Board of Trustees or its designee.

C. No application for a permit may be approved until all permit fees shall have been paid in accord with the fee schedule established by the Board of Trustees.[1]

[1] Editor's Note: See Ch. 135, Fees.

§ 95-4 Presumptive evidence of violation.

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

§ 95-5 Penalties for offenses.

[Amended 10-13-1993 by L.L. No. 4-1993]

Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $250 or imprisonment for a term not exceeding 15 days, or both.

§ 95-6 Consumption of alcoholic beverages by minors on private property prohibited.

[Added 7-11-2007 by L.L. No. 6-2007]

A. Legislative intent. It is the purpose of this section to protect the public interest, health, safety and welfare within the Village of Scotia by prohibiting the service to and consumption of alcoholic beverages and drugs by persons under the age of 21 at a private residence located in the Village. The Board of Trustees finds that the occurrence of social gatherings at private residences where alcoholic beverages or drugs are served to or consumed by persons under the age of 21 is harmful to such person themselves and a threat to the public health, safety and welfare. The Board of Trustees finds further that persons under the age of 21 often obtain alcoholic beverages or drugs at such gatherings and that such persons who are in control of such residences know or have reason to know of such service and/or consumption and will be more likely to ensure that alcoholic beverages and drugs are neither served to nor consumed by persons under the age of 21 at these gatherings.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ALCOHOLIC BEVERAGE

Any liquor, wine, beer, spirits, cider or other liquid or solid, patented or not, composed of or containing alcohol or spirits, whether or not brewed fermented or distilled, and capable of being consumed by a person; except that confectionery containing alcohol as provided in Subsection 12 of § 200 of the Agriculture and Markets Law shall not be considered alcoholic beverage within the meaning of this section.

CONTROL

The authority and ability to regulate, direct or dominate.

DRUG

Any substance listed in § 3306 of the Public Health Law.

MINOR

Any person under the age of 21.

OPEN HOUSE PARTY

A social gathering or otherwise at a residence or other private property with minors present.

PERSON

A human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

RESIDENCE

Any home, apartment, condominium, co-operative unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.

C. Prohibition. No person having control of any residence shall allow an open house party to take place at said residence if such person knows or has reason to know that any alcoholic beverage or drug is being unlawfully possessed, served to or consumed by a minor at said residence.

D. Exceptions. The provisions of this section shall not apply to:

(1) The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to § 65-c of the New York State Alcohol Beverage Control Law, or any other applicable law; or

(2) The possession or consumption of a drug for which the individual has a current valid prescription or as otherwise permitted by other applicable law.