[Ord. #2010-04, § 1]
For the purposes of this section, the following words and phrases
shall have the meanings respectively ascribed to them in this section
unless the context specifically indicates otherwise:
Shall mean and includes alcohol, spirits, liquor, wine, beer,
and every liquid or solid containing alcohol, spirits, wine, or beer,
and which is fit for beverage purposes either alone or when diluted,
mixed, or combined with other substances.
Shall mean and includes drinking, swallowing, sipping, snorting
and imbibing.
Shall mean any receptacle containing an alcoholic beverage
which has been opened, or a seal broken, or the contents of which
have been partially or substantially removed.
Shall mean those commercial lots within the City of Albany
upon which clearly visible notices indicate that the consumption of
alcoholic beverages thereon is prohibited.
Shall mean those premises which are subject to licensing
under any retail package off-sale alcoholic beverage license; the
parking lot immediately adjacent to the licensed premises; and any
public sidewalk immediately adjacent to the licensed premises provided
that the premises are posted with clearly visible notices which indicate
to the patrons of the licensed premises and parking lot, and to persons
on the public sidewalk, that the provisions of this section are applicable.
[Ord. #2010-04, § 1]
Except as otherwise provided in subsection 8-7.4, it shall be unlawful and a misdemeanor for any person to consume, drink, exhibit or possess an open container, cup, or receptacle of any alcoholic or intoxicating beverage in any quantity in the following public places, places open to the public and places open to public view:
a.
On any public street, sidewalk, alley, way, parkway, public parking
lot, public park or recreation area within the City;
b.
On the posted premises of, including the posted parking lot immediately
adjacent to, any retail package off-sale alcoholic beverage licensee;
c.
On other posted private property open to the public, including but
not limited to parking lots and shopping centers, where the sale of
alcoholic beverages has not been licensed; and
d.
On a private drive, stairway, doorway, or other private property
open to public view without the express permission of the owner, his
or her agent, or the person in lawful possession thereof.
[Ord. #2010-04, § 1]
Each owner/operator of a retail package off-sale alcoholic beverage business premises within the City and each owner of a parking lot immediately adjacent to such business premises shall respectively post the business premises, the parking lot or the sidewalk with a sign that sets forth such prohibition in substantially the following form: "Possession of an open container or consumption of alcohol within this parking lot is a violation of subsection 8-7.2 of the Albany Municipal Code (AMC).
[Ord. #2010-04, § 1]
The provisions of subsection 8-7.2 shall not apply to the consumption, drinking, exhibition, or possession of an open container of alcoholic or intoxicating beverages under one (1) or more of the following conditions:
a.
Where the sale or consumption of alcoholic beverages has been approved
or licensed by the State Department of Alcoholic Beverage Control
and said use has been approved by the City of Albany for any necessary
permits;
b.
It is a use, event, or activity that is sponsored by the City, and
the consumption, drinking, exhibition, or possession of an open container
of alcoholic or intoxicating beverages has been authorized in writing
by the Chief of Police or his/her designee.
c.
It is a use, event, or activity that is open to the public and permission
for consumption, drinking, exhibition, or possession of an open container
of alcoholic or intoxicating beverages has been approved in advance
in writing by the Chief of Police or his/her designee.
d.
Where, at least twenty-four (24) hours in advance, a written permit
to possess alcoholic or intoxicating beverages in a designated area
has been obtained from the Chief of Police or his/her designee and
the fee established by the resolution establishing fees and charges
for various municipal services of the City for said permit has been
paid.
[Ord. #2010-04, § 1]
Notwithstanding any of the above provisions, the Chief of Police
or his/her designee may close all or a portion of a public use area
or public facility within a park area to the consumption of alcoholic
beverages and/or to the possession of a bottle, can or other receptacle
containing an alcoholic beverage that is open, or that has been opened,
or whose seal is broken or the contents of which have been partially
removed. Provided however, that such a closure may only be implemented
following a determination made by the Chief of Police or his/her designee
that incidents of aberrant behavior related to the consumption of
alcoholic beverages are of such magnitude that the diligent application
of the authorities in this section, over a reasonable time period,
does not alleviate the problem.
