Local Law #2 of 1979

REGULATION OF THE CONSUMPTION OR POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES

SECTION 1: DEFINITIONS

The following definitions shall be applicable to this article:

Alcoholic Beverage: Alcoholic beverage means and includes alcohol, spirits, wine, liquor, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine, beer or cider capable of being consumed by a human being and containing more than three and two-tenths per centum (3.2%) alcohol by volume. For the purpose of this article, it shall be presumed that any alcohol, spirits, liquor, wine, beer or cider which is commercially prepared and sold under a brand name contains more than three and two-tenths per centum (3.2%) alcohol by volume. This presumption shall be rebuttable.

Public Place: Public place means a place to which the public or substantial group of persons has access and included but is not limited to highways, sidewalks, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses, motels and hotels not consituting rooms or apartments designated for actual residence.

SECTION 2:

No person shall consume any alcoholic beverage or possess an open container containing any alcoholic beverage in any public place within the Village of Candor, except in cases where a license or permit has been issued under the Alcoholic Beverage Control Law, or a special permit has been issued by the Mayor as hereinafter provided.

SECTION 3:

The Mayor is hereby authorized, at his discretion, to issue a temporary permit to local non-profit organizations or groups to allow the consumption or possession in open containers of alcoholic beverages at a specified locations for a specified period of time, not exceeding one day, upon such conditions as the Mayor may reasonably require.

SECTION 4:

Any person who violates the provisions of this Local Law shall be guilty of a violation, punishable by a fine not exceeding $250.00 or by imprisonment for a term not exceeding fifteen (15) days, or both.

SECTION 5:

This Local Law shall take effect upon the filing thereof with the Secretary of the State of New York.

CERTIFICATE

STATE OF NEW YORK:
VILLAGE OF CANDOR: SS
VILLAGE CLERK'S OFFICE:

I, Brenda S. Yeier, Village Clerk of the Village of Candor, Tioga County, New York, do hereby certify that the forgoing comprises a true, correct, and complete copy of Local Law No. 2 of 1979 Regulating the Consumption or Possession in OPen Containers of Alcoholic Beverages in Public PLaces, duly adopted at a Regular Meeting of the Board of Trustees of said Village held December 18, 1979, and taking effect upon filing with the Secretary of State March 7, 1980.

WITNESS my hand and the seal of the Village of Candor this 18th day of December, 1979.

(Original Signed by Brenda S. Yeier, Village Clerk)

Back to Local Laws