[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:
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.
Any bottle, can, glass or other receptacle suitable for or
used to hold, any liquid.
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]
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 § 108-9 hereof, and remains in effect, as hereinafter provided.
[Amended 3-1-2022 by L.L. No. 2-2022]
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 the possession, consumption
or sale of alcoholic beverages in public parks in the Town of Yorktown,
except such permits may be granted for: (1) the possession, consumption
and sale of alcoholic beverages at the Par 3 Golf Course and Railroad
Park; and (2) the possession and consumption of alcoholic beverages
at the Downing Park Pavilion and the Sparkle Lake Service Building.
[Added 5-17-2005 by L.L. No. 4-2005; 3-1-2022 by L.L. No. 2-2022]
[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.
