[HISTORY: Adopted by the Board of Trustees of the Village of Mount
Kisco 2-27-1979 as L.L. No. 2-1979. Section 43-6 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
The village of Mount Kisco recognizes that consumption of alcoholic
beverages in public places must be adequately controlled so as to prevent
public disorder, nuisances, littering and other acts and conditions detrimental
to health, safety and welfare of the residents of the village, and this chapter
is intended to provide such control and regulation.
As used herein, the following words shall have the meanings below set
forth:
Includes all beverages as defined in § 3 of the Alcoholic
Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
Any highway, street, sidewalk, park, playground, parking lot, shopping
center, mall or any other place to which the public or substantial group of
persons has access, but excluding those public places wherein the use and
consumption of alcoholic beverages is authorized pursuant to a license or
permit issued under the Alcoholic Beverage Control Law.
No person shall consume or ingest any alcoholic beverage in any public
place within the Village of Mount Kisco. Carrying on the person or holding
or possessing any open, unsealed, resealed or partially full bottle, can or
container of an alcoholic beverage in a public place as hereinabove defined
shall constitute prima facie evidence of a violation of this section.
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 presumptive evidence that the same is in possession of all
the occupants of said vehicle and in possession of the last person having
control and custody of said vehicle.
The foregoing probation against drinking alcoholic beverages in public
places or possessing open, unsealed, resealed or partially empty bottles,
cans or containers of such alcoholic beverage shall not apply nor be a violation
of this chapter in the event of a gathering, function or event sponsored by
a local fire department, recognized civic organization or recognized church
organization or an event which has been granted a special permit by the Village
Manager of the Village of Mount Kisco or his designee.
[Amended 7-19-1982 by L.L.
No. 4-1982; 8-24-1992 by L.L.
No. 9-1992]
Any person committing an offense against any provisions of this chapter shall be punishable as provided in § 1-17B of this Code.
