Village of Minoa, NY Chapter 36 Alcoholic Beverages

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

Article I Open Containers

[Adopted 9-3-1985 as Ch. 65, Arts. III and IX, of the 1985 Code]

§ 36-1 Definitions. [1]

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

INTENT TO CONSUME

Includes any of the following:

A. Drinking from the container.

B. Possession with movement of the container to the mouth.

C. Possession with alcohol on the breath of the possessor.

D. Any circumstances evidencing an intent to ultimately consume on any public lands.

OPEN CONTAINER

The condition of the container, containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York, whose cap, cork, top or other closing device has been removed, or the condition of a can which is punctured or pulled open so as to break its seal.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 36-2 Consumption of alcoholic beverages in public places.

A. No person shall drink or otherwise consume liquor, wine, beer or other alcoholic beverages nor have in his or her possession with intent to consume nor carry nor transport any open bottle or open container containing liquor, wine, beer or other alcoholic beverages while in or upon any public sidewalk, street, highway, parking lot, public park or other public place, as defined by § 240.00 of the Penal Law of the State of New York, in the village; provided, however, that the Village Board may, by resolution, permit persons to consume alcoholic beverages and/or carry an open container containing an alcoholic beverage in public parks or other public places for specified events, all as set forth in such resolution, in which event such consumption of alcohol or carrying an open container during the events and at the locations specified in such resolution shall not be a violation of this § 36-2A.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. No person shall drink liquor, wine, beer or other alcoholic beverage or possess with intent to consume any open bottle or container containing liquor, beer, wine or other alcoholic beverage while such person is the operator of or a passenger in a motor vehicle on any public highway, street, parking area, park or other public place, as defined by § 240.00 of the Penal Law of the State of New York, in the Village of Minoa.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. An open bottle or open container in any vehicle shall be presumptive evidence that the same is in the possession of all of the occupants of the vehicle and in violation of the preceding subsection.

§ 36-3 Penalties for offenses. [1]

Any person who shall violate any of the provisions of this article shall be guilty of a violation pursuant to the Penal Law and, on conviction thereof, shall be subject to the fines, penalties and other provisions set forth in Chapter 113.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).