Village of Fultonville, NY Chapter 40 Alcoholic Beverages

[HISTORY: Adopted by the Board of Trustees of the Village of Fultonville as indicated in article histories. Amendments noted where applicable.]

Article I Open Containers

[Adopted 9-16-1997 by L.L. No. 1-1997]

§ 40-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

OPEN ALCOHOLIC BEVERAGE CONTAINER

Any open, unsealed, resealed or partially refilled container, can or bottle containing an alcoholic beverage.

§ 40-2 Unlawful acts.

No person shall consume any alcoholic beverages within the limits of the Village of Fultonville or have in his possession any open alcoholic beverage container with unconsumed beverage therein while:

A. In or on a public street, sidewalk, public parking place, park, playground, school building or grounds or any other public place or any public conveyance; or

B. In a private motor vehicle while the same is in motion or parked in any public street, public parking lot or any other public place.

§ 40-3 Littering.

No person shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot or any other public place or upon any private property not his own without the expressed permission of the owner.

§ 40-4 Sale of alcoholic beverages by Fire Department and other organizations.

Notwithstanding anything herein contained, the Village of Fultonville authorizes the Village Fire Department and Ambulance Corps and other like organizations (i.e., Masonic and veterans organizations) to serve and sell alcoholic beverages in areas designated within the Village of Fultonville, provided that the Fire Department and such organizations would secure adequate insurance and necessary commonwealth licenses and permits and the approval of the Board of Trustees; and provided, further, that the serving and sale thereof is for a legitimate fund-raising event.

§ 40-5 Penalties for offenses.

A. Any person, firm or corporation who or which shall violate or fail to comply with any of the provisions of this article shall pay a fee of $500 upon notification to the person, firm, or corporation by the Village Clerk as directed by the Village Board and upon repeated or continued acts, shall be subject to prosecution and shall pay a fine of $1,000 and not more than 15 days of imprisonment if conviction or both.

[Amended 11-19-2018 by Res. No. 11-02-2018]

B. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished for each separate offense.