PART II, GENERAL LEGISLATION

Chapter 57, ALCOHOLIC BEVERAGES

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 1-28-1980 as L.L. No. 6-1981. Amendments noted where applicable.]

§ 57-1. Title.

This chapter shall be known and cited as the "Village of Honeoye Falls Open Container Law."

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§ 57-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ALCOHOLIC BEVERAGES -- Any liquid intended for human consumption containing more than one-half of one percent (1/2 of 1%) by volume of alcohol, including, but not limited to, liquor, wine, beer and cider.

CONTAINER -- Any bottle, glass, cup, can or other receptacle suitable for or used to hold or capable of holding a liquid.

FIRE MARSHAL -- The Fire Marshal or any Code Enforcement Officer of the village.

PUBLIC PARKING LOT -- A parking area for one (1) or more vehicles designated to be used by patrons of any commercial, industrial, professional or eleemosynary place of business, including, but not limited to, such enterprises as may be duly licensed for the sale and consumption of alcoholic beverages on the premises.

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, lane, public parking lot, shopping area, playground, park or any and all publicly owned land or buildings located within the Village of Honeoye Falls, except that the definition of a "public place" shall not include the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.

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§ 57-3. Restrictions.

  1. Unless otherwise authorized and except as hereinafter provided, no person shall have in his possession an open, unsealed, resealed, full or partially full container containing any alcoholic beverages on any public place in the Village of Honeoye Falls or in any vehicle which is parked or moving on or over a public place. This section shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
  2. Except as hereinafter provided, no persons shall consume alcoholic beverages on any public place. This section shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
  3. No person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind, make or description on any public place of any nature within the Village of Honeoye Falls, except and unless it is part of the act of depositing the same in a trash device specifically designed for the retention of trash.

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§ 57-4. Exceptions.

Notwithstanding any provisions of this chapter, consumption and possession of lawful alcoholic beverages, such as beer, wine and ale, at a fair, picnic or other community gathering shall be permitted in certain public places only upon special permission of the Village Board of Trustees, in writing.

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§ 57-5. Penalties for offenses.

Any person committing an offense against this chapter shall be guilty of a violation punishable by a fine not to exceed two hundred fifty dollars ($250.) or by imprisonment not to exceed fifteen (15) days, or both such fine and imprisonment.

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§ 57-6. Enforcement.

The Monroe County Sheriffs Department and New York State Police are hereby expressly authorized to enter upon village property for the purpose of enforcing the provisions of this chapter.

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