a. Definitions. Whenever used in this section, the following terms are defined as follows:
1. Alcoholic beverage. Any liquid intended for human consumption containing more than one-half of one percent (.005) of alcohol by volume.
2. 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, park or beach located within the city 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 their own private property. Such public place shall also include the interior of any stationary motor vehicle which is on any highway, street, road, parking area, shopping area, playground, park or beach located within the city.
b. No person shall drink or consume an alcoholic beverage, or possess, with intent to drink or consume, an open container containing an alcoholic beverage in any public place except at a block party, feast or similar function for which a permit has been obtained.
c. Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this section.
d. Nothing in this section shall be deemed to prohibit the consumption of an alcoholic beverage in any duly licensed establishment whose certificate of occupancy extends upon a street.
e. The violation of subdivision b of this section shall constitute an offense punishable by a fine of not more than 25 dollars or imprisonment of up to one day, or pursuant to the provisions of the family court act of the state of New York where applicable.
f. Any person who violates subdivision b of this section shall be liable for a civil penalty of up to 25 dollars, which may be recoverable in a proceeding before the office of administrative trials and hearings, pursuant to chapter 45-A of the charter.
(Am. L.L. 2016/074, 6/13/2016, eff. 7/13/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076 and L.L. 2016/074.