§ 57-4. Alcoholic beverages.

A. 

Legislative intent. The Village Board of the Village of Huntington Bay, hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Village of Huntington Bay by prohibiting the possession of open containers of alcoholic beverages by persons on public premises with the intent to consume the contents of same, except as permitted herein.

B. 

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

NONRECLOSABLE OPEN CONTAINERS

Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York, which cannot be reclosed once it has been opened, such as but not limited to pop-top-type cans, the nonreclosable nature of which shall be presumptive evidence that the person possessing such an open container does so with the intent to consume the contents of same.

OPEN CONTAINERS

Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York.

C. 

Open containers prohibited.

(1) 

No person shall possess, carry or transport any open container, as defined herein by § 57-4B of the Village Code, with the intent to consume the contents of same, nor shall any person consume the contents of same while such person is in or upon any public highway, public street, public sidewalk, parking, area, public park, recreation area, building or any other public area, or in any vehicle in or upon any of the aforementioned places, except as permitted by § 57-4E herein of the Village Code or in those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.

(2) 

Any open container, as defined herein by § 57-4B of the Village Code, in a vehicle or automobile shall be presumptive evidence that the same is in the possession of all occupants of the vehicle or automobile.

D. 

Nonreclosable open containers prohibited.

(1) 

No person shall possess, carry or transport any nonreclosable open container, as defined herein by § 57-4B of the Village Code, the nonreclosable nature of which shall be presumptive evidence of the intent to consume the contents of same, nor shall any person consume the contents of same while such person is in or upon any public highway, public street, public sidewalk, parking area, public park, recreation area, building or any public area, or in any vehicle in or upon any of the aforementioned places, except as permitted by § 57-4E herein of the Village Code or in those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.

(2) 

Any nonreclosable open containers, as defined herein by § 57-4B of the Village Code, in a vehicle or automobile shall be presumptive evidence that the same is in the possession of all occupants of the vehicle or automobile.

E. 

Exemptions. This chapter shall not apply to individuals or organizations desiring to distribute or consume alcoholic beverages in public places, provided that written permission is obtained in advance from the Village Board of the Village of Huntington Bay. Such permission may be conditioned upon such terms as the Village Board in its discretion may impose.

F. 

Severability. Should any subdivision or section of this provision be judicially declared unconstitutional or invalid, such decision shall not affect or impair the validity of this section as a whole or any part thereof other than the particular division so declared to be unconstitutional or invalid.