[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook: Art. I, as Ch. 14, Art. X, of the 1967 Code of Ordinances;
Art. II, 8-5-1985 as L.L. No. 8-1985.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor entertainment — See Ch. 115.
Licenses — See Ch. 153.
Parks and recreation areas — See Ch. 173.
Peace and good order — See Ch. 175.
[1]
Editor's Note: Local Law No. 8-1985 also repeals former
Art. II. adopted 1-23-1978 as L.L. No. 1-1978.
[Adopted as Ch. 14, Art. X, of the 1967 Code of Ordinances]
Any person who owns, or the officers and directors thereof if
a corporate owner, or any person who is now engaged or employed or
who may hereafter be engaged or employed as a waiter, waitress, bartender
or barmaid or in any other capacity in, a restaurant, club, cabaret
or any other establishment licensed by the State Liquor Authority
of the State of New York to dispense, serve or sell beer, wine or
other alcoholic beverage for on-premises consumption shall register
with and obtain a permit from the Mayor of the Incorporated Village
of Lynbrook to engage in such occupation or employment, under the
procedure hereinafter set forth.
All persons required to register and to obtain a permit for the purposes of § 63-1 hereof shall, before beginning their employment, make sworn application therefor to the Mayor of said village, on forms prescribed by him for such purpose. At the time of such filing, each applicant shall also file therewith two recently taken photographs of himself and shall permit the Police Department of said village to take and file in its record the applicant's fingerprints.
Every person required to register under the provisions of § 63-2 shall be issued a permit by the Mayor of said village, after such person has duly registered and has been approved. The permit so issued shall entitle the registrant to continue in or to accept employment in any of the occupations described in § 63-1 hereof until the expiration of said permit. All permits shall expire one year after the date of issuance thereof. Any person heretofore so registered, desiring to continue or to engage in any kind of employment requiring a permit under the provisions of § 63-1, shall apply for a new permit as provided herein.
A.
Any permit issued pursuant to the provisions of this Article may
be revoked by the Mayor upon proof that the permittee shall have attained
such permit under false pretenses or upon proof that said permittee
has been convicted of any federal or state crime or an offense against
the Code of the Village of Lynbrook. The proof shall be taken by the
Mayor, who shall notify the permittee upon notice of not less than
two days to show cause why such permit shall not be revoked. The Mayor
shall hear the allegations and shall consider the proof submitted
in the case and shall determine same summarily, and no appeal shall
lie from his determination. On such hearing so held by the Mayor,
the permittee may be a witness in his own behalf.
[Amended 3-7-1977 by L.L. No. 3-1977]
B.
Effect. Any person or persons whose permit shall have been so revoked
shall not thereafter be entitled to the issuance of a permit under
the provisions of this Article.
It shall be unlawful for any person required to register under § 63-1, to furnish any false, untrue or misleading information or statement in connection with such registration.
Any person who is required to register under § 63-1 shall inform the Mayor, in writing, of any change in the registrant's residence or business address or occupation within 24 hours after such change is made.
All statements furnished in connection with the registration of any person under the provisions of § 63-1 shall be kept at all times in a confidential file by the Police Department, separate and apart from other files and records kept and maintained by the Police Department, and said file shall not be open to inspection by the public but shall be inspected only by the Village Justice of the village, the Village Attorney, the Mayor and members of the Police Department or other law enforcement officers.
Any person violating any of the provisions of this Article or
any part thereof shall be liable for and forfeit and pay a penalty
of not more than $100 for the use of said village. Any violation of
any provision of this Article or any part thereof shall constitute
disorderly conduct, and any person violating any provision of this
Article or any part thereof shall be and is hereby declared a disorderly
person.
[Adopted 8-5-1985 as L.L. No. 8-1985]
It is the purpose of this Article to protect the public interest,
welfare, health and safety within the Village of Lynbrook by prohibiting
the consumption of alcoholic beverages in public places within the
Village of Lynbrook. The Village Board finds that possession of an
open or unsealed container of alcoholic beverage in a public place
within the village leads to consumption of the same, resulting in
public intoxication, disorderly conduct, disturbance of the public
peace, littering of the public places and destruction of property.
The Village Board finds further that preservation of the public health
and prevention of conditions which lead to conduct disturbing the
public peace attributable to consumption of alcoholic beverages can
be accomplished complished by the prohibition of consumption of alcoholic
beverages in public places and by restricting the possession of an
open or unsealed container of alcoholic beverage under circumstances
which indicate that the possessor of such open or unsealed container
in a public place intends to consume the same or intends to have it
consumed by another person.
For the purposes of this Article, the following words or phrases
shall have the meanings ascribed to them herein. All other words or
phrases shall have the meanings normally ascribed to them in regular
usage.
Includes any liquor, beer, wine, spirits, cider or other
liquid, patented or not, composed of or containing alcohol or spirits,
whether or not brewed, fermented or distilled, and capable of being
consumed by a human being.
Any bottle, can, glass, cup or other receptacle of any kind
which is suitable for or used for holding any alcoholic beverage.
Includes any public highway, street, alley, sidewalk, parking
area or lot, park or playground, public building, transportation facility
or any other public facility or ground, whether vacant or improved,
within the boundaries of the Village of Lynbrook.
The Village of Lynbrook, New York.
It shall be a violation of this Article for any person to:
The foregoing prohibitions shall not apply to consumption of
an alcoholic beverage or possession for the purpose of consumption
in any public place where the same is authorized by license or permit
under the laws and regulations of Lynbrook or a gathering or function
for which permission has been previously granted by the appropriate
governing body, board, agency or commission.
For the purposes of this Article, the following rebuttable presumption
shall apply:
Each violation of this Article shall constitute a separate offense
and, upon conviction, shall be subject to the following:
A.
For a first offense under this Article, a fine of not less than $25
nor more than $250 or by imprisonment for not more than 10 days, or
by both such fine and imprisonment.
B.
For a second or subsequent offense under this Article, a fine of
not less than $50 nor more than $250 or by imprisonment for not more
than 15 days, or by both such fine and imprisonment.
Should any provisions of this Article be judicially determined
to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of this Article as a whole and the
remaining provisions hereof shall continue in full force and effect.
