Village of Groton, NY
Tompkins County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Groton 3-21-1983 as L.L. No. 1-1983. Section 63-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Municipal parks and swimming pools — See Ch. 145.
[Amended 11-16-1987 by L.L. No. 6-1987]
The Village Board of the Village of Groton hereby finds that the consumption of alcoholic beverages in public, particularly on public property, constitutes a hazard to the general health, safety and welfare of the residents of and visitors to the Village of Groton and does further find that the possession, transportation and use of open containers of alcoholic beverages is reasonably related to the conduct of consumption of alcoholic beverages in public, such that the prohibition of possession, transportation and use of open containers of alcoholic beverages within certain areas of the Village of Groton will promote the general health, safety and welfare of the residents of and visitors to the Village of Groton.
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Liquor, beer, wine, whiskey or other spirits containing alcohol and used for human consumption.
OPEN CONTAINER
A bottle, can or other container on which the manufacturer's seal or tax stamp affixed has been broken, whether or not any portion of the contents of such container has been removed.
[Added 11-16-1987 by L.L. No. 6-1987]
PUBLIC PLACE
Publicly owned property, inclusive, without limitation, of public parks and swimming pools, and privately owned property customarily open to the public for commercial or other purposes, including but not limited to sidewalks, driveways, parking lots and mobile home roads.
[Amended 11-16-1987 by L.L. No. 6-1987]
PUBLIC STREET OR HIGHWAY
Any highway, road, street, avenue, public way, public driveway or any other public place.
A. 
Except as otherwise provided in this chapter, no person shall have, possess, carry or transport an alcoholic beverage in an open container in or upon any public street or highway or public place defined above in the Village of Groton with the intent to consume said alcoholic beverage in or upon such public street or highway or public place in the Village of Groton, and no person shall drink or otherwise consume alcoholic beverages in or upon any public street or highway or public place in the Village of Groton.
[Amended 11-16-1987 by L.L. No. 6-1987]
B. 
This chapter shall not apply to any private property where the individual in lawful possession of such property has expressly given consent to such activity.
C. 
The possession of an open bottle, can or other open container containing an alcoholic beverage in or upon any public street or public place in the Village of Groton, as the same is defined in § 63-2 of this chapter, is presumptive evidence of possession of such an open container of an alcoholic beverage with the intent to consume its contents in or upon a public street or highway or public place within the Village of Groton. The trier of fact in any prosecution pursuant to this chapter may but shall not be required to draw the inference set forth in this subsection.
[Added 11-16-1987 by L.L. No. 6-1987]
A. 
Suspension of this chapter with respect to specific places at specific times for the purposes of special nonprofit events sponsored by charitable or not-for-profit organizations or others shall be permitted at the discretion of the Village Board. The village shall not be liable to any person, corporation or organization for its refusal to grant a permit hereunder.
B. 
An application for such exception or suspension of this chapter shall be made, in writing, to the Board of Trustees and submitted to the Village Clerk at least one day prior to a meeting of the Village Board preceding the scheduled date for the proposed public event. Such application shall state the date and times proposed for the public event, the nature of the event, the exact place in the village where such event is to occur, the names of all sponsors of the event, the number of people expected at the event and the types of alcoholic beverages to be consumed. The applicants shall also provide a guaranty that all damages and all litter resulting from the event or persons participating in or attending the event shall be repaired or cleaned up by the sponsors of the event and that any costs incurred by the village for repairs or cleaning shall be paid by the sponsors. If required by the Village Board, the sponsors shall post a bond for the payment of such costs.
C. 
No permit by the Village Board for any special event shall be deemed a substitute for a permit for the sale or serving of alcoholic beverages as may be required by the State Liquor Authority or Alcoholic Beverage Control Board.
Violation of any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, Penalties for Offenses.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.