[HISTORY: Adopted by the Town Board of the
Town of Tuxedo: Art. I, 5-23-1979 as L.L. No. 2-1979. Amendments noted where
applicable.]
This article shall be called the "Public Drinking
Law."
This article is intended to preserve the public
peace, good order, safety and welfare of the people of the Town of
Tuxedo and to regulate the possession of and the consumption of alcoholic
beverages on streets, sidewalks, parking areas and highways within
the Town of Tuxedo.
A.
ALCOHOLIC BEVERAGE
PERSON
STREETS, SIDEWALKS, PARKING AREAS AND HIGHWAYS
For the purposes of this article, the following terms
shall have the meanings ascribed to them. All other words shall have
the meanings normally ascribed to them in regular usage.
Any beverage which can, when drunk to excess, produce intoxication.
Shall include the singular and the plural and shall also
mean and include any person, firm or corporation, association, club,
copartnership, society or any other organization.
Any public way or public parking area used by the public
for pedestrian and/or vehicular purposes.
B.
"Shall" is always mandatory and not merely directory.
A.
It shall be unlawful for any person to have in his
possession any open bottle or container containing an alcoholic beverage
or to consume any alcoholic beverage upon any street, sidewalk, parking
area and/or highway or in any vehicle thereon.
B.
An open bottle or open container in any vehicle shall
be presumptive evidence that the same is in possession of all the
occupants thereof and in violation hereof.
This Article shall not apply:
A.
To any premises duly licensed for sale and/or consumption
of alcoholic beverages on the premises.
B.
When a permit or license has been issued by the Town
of Tuxedo or other appropriate agency for the public use of any street,
sidewalk, parking area and/or highway for any authorized function,
including but not limited to fairs, parades, block parties and carnivals.
Applicants for permit and license under this
article shall file with the Town of Tuxedo Police Department a sworn
application, in writing and in duplicate, on a form to be furnished
by the Town of Tuxedo Police Department.
A.
Upon receipt of such application, the Chief of Police
or a sergeant of the Town of Tuxedo Police Department shall cause
such application to be reviewed and shall endorse his approval on
said application and issue a license. Such license shall also contain
the name and address of said licensee, the date of issuance and the
length of time the same shall be operative. The Police Department
shall keep a permanent record of all licenses issued.
B.
Any applicant refused a license by the reviewing authority
of the Town of Tuxedo Police Department may apply in writing to the
Town Board of the Town of Tuxedo for hearing on his application before
said Town Board, and the same may be granted or refused by the Town
Board except as prohibited by the Town Law of the State of New York
or the Alcoholic Beverage Control Law of the State of New York.
There shall be no fee payable for either the
application or the issuance of the license.
[Amended 10-10-1979 by L.L. No. 7-1979]
Any person committing an offense against any
provision of this article shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for not exceeding 15
days, or by both such fine and imprisonment. The continuation of an
offense shall constitute, for each day the offense is continued, a
separate and distinct violation.