Town of East Fishkill, NY Chapter 58 Alcoholic Beverages

[HISTORY: Adopted by the Town Board of the Town of East Fishkill 9-26-1985 by L.L. No. 9-1985. Amendments noted where applicable.]

§ 58-1 Title.

This chapter shall be entitled "A local law regulating the carrying and consumption of alcoholic beverages in public places."

§ 58-2 Legislative intent.

The Town of East Fishkill recognizes that the possession and carrying of open containers of alcoholic beverages in public places and the consumption of alcoholic beverages in public places must be adequately controlled so as 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 East Fishkill, and this chapter is intended to provide such control and regulations.

§ 58-3 Definitions.

As used herein, the following words shall have the meanings set forth below:

ALCOHOLIC BEVERAGE

Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.

CONTAINER

Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.

INTENT TO CONSUME

Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent to ultimately consume on any public lands.

[1]

OPEN CONTAINER

A container, as defined herein, with the contents exposed to the atmosphere or the seal thereof broken.

[2]

PUBLIC PLACE

Any highway, street, sidewalk, park, playground, parking lot, place of amusement, shopping center, mall, or any other public place to which the public or a substantial group of persons has access. "Public Place" shall not include any place or premises wherein the use and consumption of alcoholic beverages is specifically authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law of the State of New York, or by the Public Service Commission or Interstate Commerce Commission.

TOWN

The Town of East Fishkill, New York, as its boundaries now are, or may hereinafter become, fixed and determined.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 58-4 Prohibition.

A. No person shall drink, consume or ingest any alcoholic beverage in any public place within the Town of East Fishkill.

B. No person shall carry, hold or possess, or otherwise have in his or her possession, with intent to consume the same, any open, unsealed, resealed or partially full bottle, can or container containing any alcoholic beverage in a public place within the Town of East Fishkill.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 58-5 Exception.

The foregoing prohibition shall not apply to persons actually attending a community gathering, function or event for which a permit has been issued by the Town of East Fishkill.[1]

[1] Editor's Note: Former Section 26.5, Containers in vehicles, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 58-6 Penalties for offenses.

Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation under the Penal Law, and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.