[HISTORY: Adopted by the Board of Trustees of the Village
of Boonville at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
It is the intent of the Village of Boonville as an exercise
of its police power to promote the general health, safety and welfare
of the residents of the Village by enacting this chapter since it
is the finding of the Board of Trustees that the consumption of alcoholic
beverages and/or the possession of open containers of alcoholic beverages
by persons on public premises, except under controlled conditions,
is detrimental to the health, safety and welfare of the residents
of the Village and contributes to the development of unsanitary conditions
and the creation of nuisances. It is further the intent of the Board
of Trustees of the Village of Boonville that this chapter not be considered
as a traffic regulation insofar as it relates to motor vehicles or
the operation thereof.
No person shall have, possess, carry or transport any liquor,
wine, beer or other alcoholic beverage in an open bottle or other
open container in or upon any public sidewalk, street, lane, highway,
building, parking lot, park or recreation area, or other public property,
or in any vehicle upon such area, within the Village of Boonville.
No person shall drink or otherwise consume any liquor, wine, beer
or other alcoholic beverage in or upon any of the aforesaid public
areas or property within the Village of Boonville.
A.
If any individual or organization desires to have, distribute or
consume alcoholic beverages on public property in the Village of Boonville,
said individual or organization must apply to the officer in charge
of the Police Department and the Police Commissioner of the Village,
or their duly authorized representatives, for a permit therefor, at
least three days prior to the date scheduled for using such beverages.
No fee shall be charged for the granting of said permit.
B.
A permit shall be issued only upon the following conditions:
(1)
Such individual or organization by its duly authorized officer must
agree, in writing, to assume full responsibility for supervising the
conduct of the group or individuals benefiting from such permit, and
to properly clean up and restore the premises, after use, to their
prior condition.
(2)
Such individual or organization must further agree, in writing, that
adequate precautions shall be taken to ensure that minors will not
be served or allowed to consume alcoholic beverages at the permitted
event or gathering.
(3)
No alcoholic beverages shall be distributed or consumed other than
on the specific premises described in the permit and only during the
time stated therein.
(4)
No permit shall be issued to any individual or organization which
has previously been issued a permit and has failed to comply with
the provisions hereof.
(5)
Such individual or organization must further agree to provide proof
of insurance, naming the Village as an additional insured, that is
acceptable to the Village.
No person shall discard alcoholic or other beverage containers
upon any public sidewalk, street, lane, highway, parking lot, park
or recreation area, or other public property within the Village of
Boonville, without express permission of the Village.
The violation of any of the provisions of this chapter shall
be punishable by a maximum fine of $250 or by imprisonment for 15
days, or by both such fine and imprisonment. Each day any violation
shall continue shall constitute a separate violation.
Should any section or provision of this chapter be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect or impair the validity of this chapter as a whole or any
part thereof other than the particular provision so declared to be
unconstitutional or invalid.
