(Rev. Ords. 1976, Pt. 2, Ch. 13, § 13A; Ord. of 9-27-82(1); Ord. of 9-27-82(2); Ord. of 6-25-90; Ord. of 06-14-2004; A0027-10; A0173-12)
(a)
No person shall drink or possess in any open or partially consumed container any alcoholic beverage as defined in chapter 138, section 1, of the General Laws including possession of any empty or partial container of alcoholic beverages that is open, and in the possession or control of such person while on, in or upon any public way or upon any way to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, park or playground, or private land or place without consent of the owner or person in control thereof. A police officer may arrest, without a warrant, any person who in his presence violates this section.
(b)
All alcoholic beverages being used in violation of this section shall be seized and safely held until final adjudication of the charge against the person arrested or summoned before the court, at which time they shall be returned to the person entitled to lawful possession.
(c)
No person shall serve or consume any alcoholic beverages on city owned property or within city owned buildings. No person shall serve or consume any alcoholic beverages at any event or function, be that event or function public or private, held on city owned property or within city owned buildings.
(1)
The city council, by majority vote, may, upon written application to the City Clerk, permit and issue a license for the public sale, use and/or possession of beer and wine and the consumption thereof for city sponsored functions in on city owned property or within city owned buildings and may impose such conditions on said use and/or possession as it deems appropriate.
(2)
Applications for special licenses shall only be approved if the city council finds that in its judgment all the following general rules are compiled with: The particular site is an appropriate location for such a condition, the use will not adversely affect the neighborhood, there will be no nuisance or serious hazard to vehicles or pedestrians.
(3)
A special license granted under this section shall be for the date of the function only, and may be reviewable by the city council. The city council reserves the right to revoke a special license at any time for violations to the conditions of issuance or of any of the ordinances of the City of Everett or State or Federal Law. Any appeals to the actions of the city council shall be before and subject to the rules of the Board of Appeals.
(4)
The special license, if permitted, shall be valid only upon the approval of a special liquor permit application from the Licensing Commission.