[HISTORY: Adopted by the Board of Trustees of the Village of Malverne as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-7-1979 by L.L. No. 1-1979 (Ch. 12 of the 1972 Code)]
The Board of Trustees of the Incorporated Village of Malverne hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Village of Malverne.
For the purpose of this article, the terms used herein are defined as follows:
- ALCOHOLIC BEVERAGE
- Any liquid intended for human consumption containing more than 1/2 of 1% by volume of alcohol.
- COMMUNITY EVENT
- A fair, picnic, block party or other community gathering in any public place.
- INTENT TO CONSUME
- Includes any of the following: drinking from the container; possession with movement of the container to the mouth; and any circumstances evidencing an intent to ultimately consume in any public place.
- OPEN BOTTLE, CAN OR OTHER CONTAINER
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid, which has been uncapped, uncorked, the tab removed or the top sliced, cut or broken, or its original condition altered in such a way that the liquid can flow out of it.
- 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, parking area, shopping area, place of amusement, playground, park or beach located within the Village of Malverne, except that a public place shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within their own private property.
Words singular in form may include the plural, and words plural in form may include the singular, and words in the masculine gender shall include the feminine and neuter genders.
[Amended 9-7-1983 by L.L. No. 2-1983]
Unless otherwise authorized by the Board of Trustees or the provisions of this article, it shall be unlawful for any person to consume liquor, wine, beer or other alcoholic beverage on any public sidewalk, street, highway, parking lot, public park or other public place within the Village of Malverne, and it shall be unlawful for any person to have in his possession or to carry or transport any open bottle or open container containing liquor, wine or beer or any alcoholic beverage on any public sidewalk, street, highway, parking lot, public park or other public place within the Village of Malverne with the intent to consume the same. The existence of an open bottle or open container containing liquor, wine, beer or other alcoholic beverage in any vehicle while in or on any public sidewalk, street, highway, parking lot, public park or other public place within the Village of Malverne shall be presumptive evidence that the same is in the possession of all occupants of such vehicle and that they possess the same with the intention of consuming its contents.
At least 10 calendar days prior to the proposed date of a community event, any person may apply to the Village Clerk, on his own behalf or on behalf of an organization, for a permit to possess and consume an alcoholic beverage as defined herein during or in the conduct of a community event.
The application shall contain the following information:
The name of the applicant and the address and telephone number. Where the applicant is an organization, the name and address of the organization and its officers shall be given.
The purpose of the community event, the date when it is proposed to be held, the approximate time the community event will start and terminate and the place where it shall take place.
Any other pertinent information the Village Clerk shall deem necessary.
Where the Village Clerk shall determine that the proposed community 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 the surrounding neighborhood will not be endangered by the granting of a permit, he shall issue a permit, conditioned upon the applicant's written agreement to comply with the terms thereof.
Upon a denial by the Village Clerk of an application made pursuant to this article, the applicant may appeal the determination of the Village Clerk to the Board of Trustees by filing a written notice of appeal for hearing by the Board of Trustees. Upon receipt of a request for said hearing, the Mayor shall designate two or more members of the Board to conduct said hearing as a review board. Said hearing shall be held on a date and at a place and hour designated by the Mayor.
The Board of Trustees or Village Clerk may waive the requirements of this section where, in either opinion, any irregularity or noncompliance would not endanger the public health, morals, safety and general welfare of the neighborhood immediately surrounding the place where the community event is to be held and where strict compliance would result in unnecessary hardship upon the applicant.
In the event that any provision of this article is inconsistent with any federal or state statute, law, rule or regulation, then said statute, law, rule or regulation shall prevail.