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.
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.
[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.
[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.