[HISTORY: Adopted by the Town Board of the Town of Eden 11-26-1980
by L.L. No. 1-1980. Amendments noted where applicable.]
It is the intent of the Town of Eden, as an exercise of its police power,
to promote the general health, safety and welfare of the residents of the
town by enacting this chapter, since it is the finding of the Town Board 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 town and contributes to the development of unsanitary conditions and
the creation of nuisances. It is further the intent of the Town Board of the
Town of Eden 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 Town of Eden. 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 Town of Eden.
A.Â
If any individual or organization desires to have, distribute
or consume alcoholic beverages on public property in the Town of Eden, said
individual or organization must apply to the Chief of Police of the Town of
Eden or his or her duly authorized representatives for a permit therefor at
least three days prior to the date scheduled for using such beverages. A fee
as set forth in the Standard Schedule of Fees on file in the town offices
shall be charged for the granting of said permit.
B.Â
A permit shall be issued only upon the following conditions:
(1)Â
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)Â
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)Â
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)Â
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.
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 Town of Eden, without express permission
of the Town of Eden.
The violation of any of the provisions of this chapter shall be punishable
by a maximum 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.
