Town of Tuxedo, NY Chapter 28 Alcoholic Beverages

[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.]

§ 28-1 Title.

This article shall be called the "Public Drinking Law."

§ 28-2 Legislative intent.

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.

§ 28-3 Definitions and word usage.

A. 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.

ALCOHOLIC BEVERAGE

Any beverage which can, when drunk to excess, produce intoxication.

PERSON

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.

STREETS, SIDEWALKS, PARKING AREAS AND HIGHWAYS

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.

§ 28-4 Consumption in public prohibited; presumption of possession.

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.

§ 28-5 Exceptions; license.

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.

§ 28-6 License application.

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.

§ 28-7 Review of license application; denial; hearing.

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.

§ 28-8 License fee.

There shall be no fee payable for either the application or the issuance of the license.

§ 28-9 Penalties for offenses.

[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.