This chapter shall be known and may be cited as the "Town of Mount Pleasant
Law Regulating the Consumption of Alcoholic Beverages in Public Places."
As used in this chapter, unless the context or subject matter otherwise
requires, the following words shall have the following meanings:
ALCOHOLIC BEVERAGE
Includes all such beverages as defined in § 3 of the Alcoholic
Beverage Control Law of the State of New York.
CONTAINER
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
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 and playgrounds, and hallways, lobbies
and other portions of apartment houses 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 railroad, motor vehicle or any
other method.
Any open, unsealed, resealed or partially full bottle, can or container
which contains an alcoholic beverage found in any vehicle in any such public
place shall be prima facie evidence that the same is in possession of the
person last having control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic beverages in public
places or possessing open, unsealed, resealed or partially empty bottles,
cans or containers of such alcoholic beverages shall not apply nor be a violation
of this chapter in the event of a gathering which has been granted a special
permit by the Town Clerk according to regulations approved by the Town Board
nor to any place licensed by the State of New York to sell alcoholic beverages
for on-premises consumption.
Any person, upon conviction for a violation of this chapter, shall be
guilty of a violation as defined in Article 10, § 10.00, Subdivision
3, of the Penal Law, which shall be punishable by a fine not exceeding $250
or imprisonment for a term not to exceed 15 days, or both.