[HISTORY: Adopted by the Town Board of the Town of Colonie 8-28-1980 by L.L. No. 9-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Public assemblies — See Ch. 51.
Public entertainment — See Ch. 88.
Parks and recreation — See Ch. 137.
The Town of Colonie recognizes that the use of alcoholic beverages within public places and areas in the Town of Colonie must be adequately controlled and regulated so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the town, and this chapter is intended to provide such control and regulation.
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES
Includes any liquid intended for human consumption containing more than 1/2 of 1% by volume of alcohol.
CONTAINER
Any bottle, glass, cup or similar article designed to hold or capable of holding a liquid.
PUBLIC PARKING LOT
A parking area for one or more vehicles designed to be used by patrons of any commercial, industrial, professional or eleemosynary place of business, including but not limited to such enterprises as may be duly licensed for the sale and consumption of alcoholic beverages on the premises.
PUBLIC PLACE
A place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, lane, public parking lot, shopping area, place of amusement, playground, park or beach, or any and all publicly owned land(s) located within the Town of Colonie, except that the definition of a "public place" shall not include the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within.
SPECIAL EVENT
Includes a fair, picnic, block party or other community gathering at any public place.
[Amended 7-10-1986 by L.L. No. 11-1986]
A. 
Consumption of alcoholic beverages is prohibited. Except as hereinafter provided, no person shall consume alcoholic beverages in or on any public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises within.
B. 
No person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind, make or description in or on any public place of any nature within the Town of Colonie, except and unless it is part of the act of depositing the same in a trash device specifically designed for the retention of trash.
A. 
Notwithstanding any provisions of this chapter, it shall not be unlawful for any person to consume an alcoholic beverage in any public park, playground or other public area under the ownership, control or supervision of the Town of Colonie, provided that such alcoholic beverage is consumed consistent with the provisions of the Recreation and Parks Law of the Town of Colonie (Local Law No. 6-1978)[1] and any amendments thereto.
[1]
Editor's Note: See Ch. 137, Parks and Recreation.
B. 
This chapter shall not apply to any fair, picnic or other community special event for which a special permit has been issued by the Town Clerk of the Town of Colonie.
A. 
At least five business days prior to the proposed date of any special event, any person 21 years of age or older may apply to the Town Clerk, on his own behalf or on behalf of an organization, for a permit to possess and consume alcoholic beverages described herein during or in the conduct of any special event.
[Amended 10-10-1985 by L.L. No. 12-1985]
B. 
The application shall contain the following information:
(1) 
The name of the applicant(s) and the addresses and telephone numbers of each. If the applicant is an organization, the name and address of the organization and its officers shall be given.
(2) 
The purpose of the special event, the date when it is proposed to be held, the approximate time when this special event will start and terminate, the approximate number of persons expected to attend the special event and the location of the assembly area.
(3) 
Such other information as the Town Clerk may deem reasonably necessary.
C. 
No fee shall be required for said special event permit or application.
D. 
Where the Town Clerk shall determine that the proposed special event is of such character, size and location as to be appropriate to and in harmony with the surrounding area and that the public health, morals, safety and general welfare of such neighborhood will not be endangered by the granting of such permit, he shall issue a permit conditioned upon the applicant's written agreement to comply with the terms of such permit.
E. 
Upon a denial of the Town Clerk for an application made pursuant to Subsection A hereof, the applicant may appeal the determination of the Town Clerk to the Supervisor or designee by filing a written notice of appeal.
F. 
The Town Clerk may waive the requirements of this section where, in his opinion, any irregularity or noncompliance would not endanger the public health, morals, safety and general welfare of such neighborhood and where strict compliance would result in unreasonable hardship upon the applicant.
Any person committing an offense against this chapter shall be guilty of a violation punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.
If any provision of this chapter is inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.