[HISTORY: Adopted by the Town Board of the
Town of Philipstown as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 74.
[Adopted 9-1-1983 by L.L. No. 1-1983]
This article shall be known and may be cited
as the "Philipstown Alcoholic Beverage Control Law."
[Amended 11-2-2000 by L.L. No. 7-2000]
The Town Board of the Town of Philipstown recognizes
that the consumption of alcoholic beverages in public places within
the Town of Philipstown must be controlled to prevent public disorder,
nuisances, littering and other acts and conditions detrimental to
the health, safety and welfare of the residents of the Town of Philipstown,
and this article is intended to provide such control.
As used in this article, the following words
shall have the meanings set forth below:
Includes all such beverages as defined in § 3 of
the Alcoholic Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable
for or used to hold any liquid.
[Amended 11-2-2000 by L.L. No. 7-2000]
Any highway, street, sidewalk, park, playground,
beach, lake, public parking lot, shopping center, mall or any other
facility or place which the public or a substantial group of persons
has access within the boundaries of the Philipstown Continental Village
Park District as said boundaries are described in an order of the
Town Board of the Town of Philipstown dated October 4, 1968, and recorded
in the Putnam County Clerk's Miscellaneous Liber 7, beginning at Page
22, on October 17, 1968. Said Park District shall also include, for
the purposes of this article, the parcels which are identified as
"Excepting and Reserving," "Also Excepting and Reserving" and "Also
Excepting and Reserving and Excluding" in the aforesaid order which
appear in the Putnam County Clerk's Miscellaneous Liber 7 at Pages
25-32; or
The park more particularly described as Lot
1B on map prepared for "Malcolm Gordon School, Ltd." by Badey &
Watson Surveying & Engineering, P.C., dated July 2, 1996, and
last revised August 14, 1996, and filed in Putnam County Clerk's office
as Map No. 2581 A.
"Public place" shall not include those public
places wherein the use and consumption of alcoholic beverages is authorized
pursuant to a license or permit issued under the Alcoholic Beverage
Control Law of the State of New York and shall not include the interior
of any building.
A person who possesses an open container containing
any alcoholic beverage in any public place, as defined herein, is
presumed to possess it with the intent to consume such alcoholic beverage
when:
A.
Such person is in an intoxicated condition; or
B.
Such person, with intent to cause public inconvenience,
annoyance or alarm, or recklessly creating a risk thereof:
(1)
Engages in fighting or in violent, tumultuous or threatening
behavior;
(2)
Makes unreasonable noise;
(3)
In a public place, uses abusive or obscene language
or makes an obscene gesture;
(4)
Without lawful authority, disturbs any lawful assembly
or meeting of persons;
(5)
Obstructs vehicular or pedestrian traffic;
(6)
Congregates with other persons in a public place and
refuses to comply with a lawful order of the police to disperse; or
(7)
Creates a hazardous or physically offensive condition
by any act which serves no legitimate purpose.
A.
Application for permit.
(1)
Any person, firm, corporation, association or organization
may apply for a permit exempting a designated public place for a specified
period of time from the application of this article.
(2)
Such application shall be made on forms prescribed
by resolution of the Town Board and shall be accompanied by a nonrefundable
fee to be established by resolution of the Town Board. The Town Board
may amend such forms or the amount of such fee at any time by resolution.
(3)
The application, with the prescribed fee, shall be
submitted to and approved by either the Supervisor or Town Clerk.
(4)
The application may be denied by the Supervisor or
Town Clerk upon a determination that the exemption will or may result
in an undue interference with the flow of vehicular traffic or otherwise
result in a hazard to the public health, safety or welfare.
(5)
A permit issued pursuant to this Article shall be
valid only for the date or dates and hours specified thereon, may
not be issued for a period of more than three consecutive days and
shall not be valid before 12:00 noon and after 2:00 a.m. on any day.
B.
The person, firm, corporation, association or organization
receiving a permit under this article shall keep the same openly displayed
during the hours such permit is in effect and shall exhibit the same
to anyone wishing to inspect it.
C.
Failure to keep such permit openly displayed or to
exhibit the same on demand shall be presumptive evidence that no such
permit has been obtained.
D.
The applicant shall be responsible for removal of litter, rubbish, debris and garbage from the designated area at the conclusion of the permit period. Failure to remove such items from the designated area shall constitute a violation of this article, and the applicant shall be subject to prosecution and the penalties set forth in § 53-7 below.
Any person who is convicted of violating this
article shall be guilty of a violation which shall be punishable by
a fine of not more than $250 or by imprisonment for not more than
15 days, or by both such fine and imprisonment.
[Adopted 11-1-2007 by L.L. No. 8-2007]
A.
The Town of Philipstown finds that parties on private
property where alcohol is consumed by minors are harmful to the minors
themselves and to the communities where such parties are held.
B.
Police ability to abate gatherings and fine the host
of the party where alcohol is being consumed by minors on private
property will result in a decrease in abuse of alcohol by minors and
resulting physical altercations and injuries, neighborhood vandalism,
and excessive noise disturbance, thereby improving public safety in
the community.
C.
Parties, gatherings or events on private property
where minors are consuming alcohol are determined to be a threat to
the peace, health, safety, or general welfare of the Town of Philipstown.
D.
Police response to such parties, gatherings or events
causes a drain of manpower and resources and, in some cases, leaves
other areas of the Town with inadequate police protection.
E.
Accordingly, the Town of Philipstown finds and declares
that the purpose of this article is:
(1)
To protect public health, safety and general welfare
of the Town of Philipstown and its residents;
(2)
To enforce laws prohibiting the consumption of alcohol
by minors; and
(3)
To prohibit the hosting of parties, gatherings or
events at which minors may consume alcohol and to reduce the costs
of providing police services to same.
For purposes of this article, the following
terms shall have the meanings indicated:
Ethyl alcohol, hydrated oxide of ethyl, or spirit of wine
from whatever source or by whatever process produced.
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits,
wine or beer and capable of being consumed by a human being; except
that confectionary containing alcohol as provided by Subdivision 12
of § 200 of the Agriculture and Markets Law shall not be
regarded as an alcoholic beverage within the meaning of this article.
Includes any fermented beverages of any name or description
manufactured from malt, wholly or in part, or from any substitute
therefor.
Includes the salaries and benefits of police officers or
other code enforcement personnel for the amount of time actually spent
in responding to, or in remaining at, the party, gathering or event
and the administrative costs attributable to the incident; the actual
cost of any medical treatment to injured police officers or other
code enforcement personnel; the cost of repairing any damaged Town
equipment or property; and the cost arising from the use of any damaged
Town equipment in responding to or remaining at the party, gathering
or event.
A person who, under court order, is the guardian of the person
of a minor; or a public or private agency with which the minor has
been placed by the court.
Any person under 21 years of age.
Any person who is the natural parent, adoptive parent, or
stepparent of a minor.
A group of persons who have assembled or are assembling for
a social occasion or social activity.
A.
Except as otherwise permitted by law, no person shall
host, suffer, permit, organize, or allow a party, gathering or event
at his or her place of residence or other private property, place
or premises under his or her control where three or more minors are
present and alcoholic beverages are being consumed by any minor.
B.
This section does not apply to conduct between a minor
child and his or her parent or guardian.
C.
This section does not apply to any location or place
regulated by the New York State Liquor Authority.
Any person in violation of § 53-10 herein shall be subject to conviction of a Class A misdemeanor, punishable by up to one year in jail and/or a $3,000 fine.
The Town of Philipstown does not waive its right
to seek reimbursement for actual costs of enforcement services associated
with the enforcement of this article through other legal remedies
or procedures. The procedures provided for in this article are in
addition to any other statue, ordinance or law. This article in no
way limits the authority of peace officers or private citizens to
make arrests for any criminal offense arising out of conduct regulated
by this article, nor does it limit in any way the prosecution's ability
to initiate and prosecute a criminal prosecution for any violation
of a criminal offense arising out of the same circumstances necessitating
the application of this article.
If any section, subsection, sentence, clause,
phrase or word of this article is for any reason held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining provisions
hereof.
