Whenever used in this section, the following terms are defined as
1. Alcoholic beverage. Any liquid intended for human consumption
containing more than one-half of one percent (.005) of alcohol by
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. Any person who shall be found to have violated any of the
provisions of this section shall be punished by a fine of not more than
twenty-five dollars ($25) or imprisonment of up to five (5) days, or
both, or pursuant to the provisions of the family court act of the state
of New York where applicable.