(a)
Prohibition.
The drinking of any intoxicating liquor or any fermented malt beverage or the possession of any open container which contains an intoxicating liquor or fermented malt beverage is prohibited in the following places:
(b)
Consumption of Alcoholic Liquor on Public Way – Parking Lot.
It shall be unlawful for any person to drink, consume, transport, carry or possess any alcoholic liquor, except in the original package and with the seal unbroken, on the public street, sidewalk, parkway, public parking lot or semi-public parking lot. The term “semi-public parking lot” shall include any area wherein motor vehicles are parked by the public in conjunction with any business, enterprise, commercial establishment, office building or apartment building. It shall further be unlawful for any person to drink, consume, transport, carry, possess any alcoholic liquor except in the original package with the seal unbroken in the city parks of the city.
(c)
Exception.
The prohibition provided for in this section shall not apply if the drinking of any intoxicating liquor or any fermented malt beverage or the possession of any open container which contains an intoxicating liquor or fermented malt beverage is on governmental property, including but not limited to the city parks of the city, during an activity, event or rental of space approved by the city in advance. The exception provided by this subsection (c) shall not apply to any person who drinks, consumes, transports, carries or possesses any alcoholic liquor, except in the original package and with the seal unbroken, on the public street, sidewalk, public parking lot or semi-public parking lot. The distance requirements under section 4.903 shall not apply to consumption permitted by this section. The approval contemplated by this section may be granted by the city administrator or their designee.
(d)
Penalty.
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and the person, or any employee, agent, manager or officer thereof, who is guilty of violating any of the provisions shall upon conviction thereof, be fined in accordance with the general penalty provision in section 1.109 of this code, and every violation of and each and every day’s failure or refusal to comply with the said provision will constitute a separate offense.
(Ordinance 2020-01-21-A adopted 1/21/20)