[HISTORY: Adopted by the Town Board of the Town of Yorktown 9-20-1983
by L.L. No. 12-1983. Amendments noted where applicable.]
It is the purpose of this chapter to protect the public interest, welfare,
health and safety within the Town of Yorktown by prohibiting the consumption
of alcoholic beverages in public places within the town. The Town Board finds
that possession of an open container of alcoholic beverage in a public place
within the town has led to consumption of the same, resulting in public intoxication,
disorderly conduct, disturbance of the public peace, littering of the public
places and destruction of property. The Town Board finds further that preservation
of the public weal and prevention of conditions which lead to conduct disturbing
the public peace attributable to consumption of alcoholic beverages can be
accomplished by the prohibition of consumption of alcoholic beverages in public
places and by restricting the possession of an open or unsealed container
of alcoholic beverages under circumstances which indicate that the possessor
of such open or unsealed container in a public place intends to consume the
same or intends to have it consumed by another person.
The following terms used in this chapter shall have the following meaning,
unless the context requires or indicates a different meaning:
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer and every other liquid patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
- CONTAINER
- Any bottle, can, glass or other receptacle suitable for or used to hold, any liquid.
- PUBLIC PLACE
- A place to which the public or a substantial group of persons has
access, and includes, but is not limited to, highways, transportation facilities,
schools, shopping centers, places of amusement, parks, playgrounds and hallways,
lobbies and other portions of apartment houses and hotels not constituting
rooms or apartments designed for actual residence.[Amended 11-1-1983 by L.L. No. 14-1983]
- TOWN
- The Town of Yorktown.
It shall be a violation of this chapter for any person to:
The foregoing prohibition shall not apply to consumption of an alcoholic
beverage or possession for the purpose of consumption in any public place
where the same is authorized by license or permit under the laws and regulations
of this state and under the regulations of the town; nor shall such prohibition
apply to the possession of an open or unsealed container of an alcoholic beverage
solely for the purpose of transporting the same without an intent or indication
to consume the same in any public place.
This chapter shall not apply to any person in violation of § 1227
of the Vehicle and Traffic Law.
Each violation of this chapter shall be punishable by a fine not exceeding
$250 for each offense or by imprisonment not exceeding 15 days, or by both
such fine and imprisonment.
[Added 6-4-1996 by L.L. No.
7-1996]
A.
The foregoing prohibition shall not apply to consumption
of an alcoholic beverage or possession for the purpose of consumption in the
public places in the Town of Yorktown if a permit for that purpose has first
been secured from the permitting authority, as defined in § 28-9
hereof, and remains in effect, as hereinafter provided.
B.
Such permit shall be issued by the permitting authority
upon receipt of a written application, provided that the permitting authority
is satisfied as to the applicant's compliance with the standards of issuance
set forth in Subdivision E below.
C.
Application for such permit shall be made on forms provided
by the permitting authority and shall contain the following information:
(1)
The name and address of applicant (if the applicant is
a club or organization, the application shall contain the names and address
of the officers thereof).
(2)
The nature of event for which permit is sought.
(3)
The public place where event is to be held.
(4)
The approximate number of persons attending event.
(5)
The duration of event.
(6)
Submission of insurance certificate with an alcoholic
beverage rider.
D.
Applications shall be submitted to the permitting authority
for approval at least 48 hours prior to the date of the event for which the
permit is sought.
E.
The permitting authority may deny any application for
cause, after written notice, for reasons including, but not limited to, the
following:
[Added 6-4-1996 by L.L. No.
7-1996]
A.
The event for which a permit is granted shall be supervised
personally, at all times, by the permit holder or by the person or persons
named in the permit.
B.
Neither the permit holder nor the holder's agents, employees
or representatives shall have been convicted of a crime.
C.
No person under the age of 21 years shall be permitted
to attend the event unless accompanied by his or her parent or an adult over
the age of 21 years of age.
D.
The provisions of the Alcoholic Beverage Control Law
and the rules and regulations of any board or official having jurisdiction
thereunder shall, at all times, be complied with.
E.
Permits shall not be issued for consumption of alcoholic beverages
or possession for the purpose of consumption in public parks in the Town of
Yorktown.
[Added 5-17-2005 by L.L. No. 4-2005]
[Amended 5-17-2005 by L.L. No. 4-2005]
The permitting authority for Town facilities shall be the Town Clerk.
[Added 6-4-1996 by L.L. No.
7-1996]
Any permit granted pursuant hereto shall not be transferable and shall
be and remain in full force for the duration of the event for which the permit
has been granted, unless sooner revoked, as hereinafter provided.
[Added 6-4-1996 by L.L. No.
7-1996]
A permit issued under this chapter shall be subject to suspension or
revocation by the permitting authority or Police Department for any disorderly
or immoral conduct permitted or suffered on the town property with respect
to which the permit is granted or for the violation of any of the provisions
of this chapter or of the rules and regulations promulgated hereunder.
[Added 6-4-1996 by L.L. No.
7-1996]
Any action by the permitting authority in denying any application for
a permit under this chapter, or by the permitting authority or Police Department
in revoking such permit, may be appealed to the Town Board by written notice
to the Town Attorney not less than five days after such denial or revocation.
The Town Board may sustain the action appealed from or, if it finds that such
denial or revocation was arbitrary and capricious, may grant such application
or reinstate such revoked permit.
