Town of Richmond, NY Chapter 85 Alcoholic Beverages

[HISTORY: Adopted by the Town Board of the Town of Richmond 6-5-1979 by L.L. No. 1-1979. Amendments noted where applicable.]

§ 85-1 Possession of open containers; consumption on public land.

[Amended 12-11-2001 by L.L. No. 2-2001]

It shall be unlawful for any person to have, possess, carry or transport, with intent to consume, liquor, wine, beer or other alcoholic beverages in or about any public sidewalk, street, highway, parking lot and immediately adjacent areas in the Town of Richmond, except in sealed bottles or other sealed containers, and it shall be unlawful for any person to drink or otherwise consume liquor, wine, beer or other alcoholic beverages in or about any of the above-enumerated areas.

§ 85-2 Definitions.

[Amended 12-11-2001 by L.L. No. 2-2001]

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

INTENT TO CONSUME

Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent ultimately to consume on any public lands.

PUBLIC

Any of the areas enumerated in § 85-1 to which the public or a substantial group of persons has access even though such areas may be located on private property.[1]

[1] Editor's Note: Original Sec. 2, which immediately followed this section and dealt with open containers in vehicles, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). For provisions regarding open containers in vehicles, see § 1227 of the Vehicle and Traffic Law.

§ 85-3 Penalties for offenses.

[Amended 12-11-2007 by L.L. No. 2-2007; 3-10-2009 by L.L. No. 3-2009]

Any person who violates this chapter shall be guilty of a violation, and upon conviction thereof, shall be subject to a fine of not less than $100, and not more than $500, or imprisonment for a term not to exceed 15 days, or both.

§ 85-4 Exceptions.

This chapter shall not apply when special permission has been granted by the Town Board of the Town of Richmond for public use of any of the above-referenced areas for community gatherings, including, without limitation, fairs, carnivals and picnics.