[HISTORY: Adopted by the Board of Trustees of the Village of East
Rockaway 6-12-2006 by L.L. No. 4-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 81.
Public entertainment — See Ch. 134.
Licenses and permits — See Ch. 187.
Peace and good order — See Ch. 217.
Vehicles and traffic — See Ch. 275.
[1]
Editor's Note: This local law provided for the repeal of former Ch.
77, Alcoholic Beverages, adopted 5-22-1978 by L.L. No. 1-1978, as amended.
A.
The Board of Trustees of the Incorporated Village of East Rockaway
(hereinafter the "Board of Trustees") finds that the unrestricted consumption
of alcoholic beverages in public places within the Village leads to public
intoxication, disorderly conduct, littering, and otherwise threatens public
peace and good order. The Board of Trustees further finds that there is a
significant relationship between the possession of an open container in a
public place with the intent to consume the same and the consumption of alcohol
in a public place.
B.
It is, therefore, the intent of the Board of Trustees, in enacting
this local law, to promote the health, safety and general welfare of Village
residents by prohibiting the consumption of alcoholic beverages in public
places and to restrict the possession of open containers of alcoholic beverages
with the intent to consume the same, except as otherwise permitted herein.
For purposes of this local law, the following words or phrases shall
have the following meanings, unless the context requires or indicates a different
meaning:
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid
or solid containing alcohol and capable of being consumed by a human being,
but excludes malt beverage products which are labeled as "nonalcoholic" in
accordance with the regulations of the Federal Bureau of Alcohol, Tobacco
and Firearms.
Any glass, bottle, can, keg or other receptacle suitable for, or
used to hold, any alcoholic beverage.
When used in connection with a container, any container which has
been perforated or tapped, or on which the cap has been loosened or the cork
displaced.
Having in one's possession or control an alcoholic beverage in a
glass, open bottle, open can, tapped keg or other open container so as to
permit consumption by the person in possession thereof, or another person,
having the purpose of consuming such alcoholic beverage in a 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 or park located within the Village of East Rockaway, except that the definition of a "public place" shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property, or on a public sidewalk that is used by a duly permitted establishment as a seasonal sidewalk seating area in accordance with Chapter 288.
[Amended 11-5-2007 by L.L. No. 18-2007]
Includes a fair, picnic, block party or other community gathering
in any public place.
It shall be a violation of this local law for any person to:
A.
Drink, or otherwise consume, any alcoholic beverage while such
person is in a public place, or in a motor vehicle, as defined by the Vehicle
and Traffic Law, which is parked or moving on or over a public place.
B.
To carry or have in his possession in a public place any open
container containing an alcoholic beverage with the intent of the possessor
or another to consume the same.
A.
The possession of an open container containing an alcoholic beverage
at a public place shall be presumptive evidence that the contents of such
open container are intended to be consumed in a public place.
B.
An open bottle or open container in any vehicle at a public place
shall be presumptive evidence that the same is in the possession of all the
occupants thereof.
A.
At least 10 calendar days prior to the proposed date of a special
event, any person may apply to the Village of East Rockaway, on his own behalf
or on behalf of an organization, for a permit to possess and consume any alcoholic
beverages described herein during or in the conduct of a special event.
B.
The application shall contain the following information:
(1)
The name of the applicant(s) and the address and telephone number
of each. Where 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
and the location of the assembly area.
(3)
Such other information as the Village Clerk may deem reasonably
necessary.
Where the Village Board of Trustees 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, the Board of Trustees shall issue a permit conditioned
upon the applicant's written agreement to comply with the terms of such permit.
A violation of any provision of this chapter shall constitute an offense
punishable by a fine not to exceed $250 or by imprisonment for a term not
to exceed 15 days, or both. Each violation of this chapter shall be deemed
a separate violation.
