[Code 1985 § 4-84; Code 2005 § 10-18; Ord. 8-20-18-051; Ord. 9-16-19-01]
It shall be unlawful for any person to sell or consume any alcoholic beverages while in or upon any park, street, alley or other public place in the city or upon any city property, except that such beverages may be consumed or possessed by persons 21 years of age or older within the boundaries of any area licensed by the ABLE commission and further permitted by subsections A and B of § 3-27 and by § 3-27.1 of this Code. The use of any other intoxicating substance, or intoxicating compound of any kind, or inhalation of glue, paint or other intoxicating substance, in a public place or on city property shall be unlawful. It is unlawful for any person to be drunk or intoxicated on any public or private road, or in any passenger coach, streetcar, or any public place or building, or at any public gathering.
A. 
Beer, wine, and/or cider may only be sold, distributed, or consumed on city property after the issuance of a special event permit and as part of a city-declared festival as provided for in § 3-27.1 of this Code. Said festivals shall be declared by city resolution.
B. 
The possession, consumption, sale or distribution of any container of alcohol on any city property, including any park is prohibited except as provided for in § 3-27.1 of this Code.
C. 
Failure to comply with any provisions of this section shall be guilty of a misdemeanor and punishable as permitted in § 1-8 of the City Code.
[Ord. 9-16-19-01]
No person shall hereafter keep, maintain, conduct or operate any special event or festival in the city which distributes any alcoholic beverages without first obtaining a permit and paying the fee provided herein.
A. 
No special event permit shall be issued unless such event is part of a festival as declared by city resolution.
B. 
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
DESIGNATED AREA
The premises on public property approved by the city.
DOWNTOWN
The area of the city encompassing an area bounded by Oak Street on the north and Cherry Street on the south and extending from South Depot Avenue on the west to Little Avenue on the east.
PERSON
Any individual, firm, partnership, association or corporation, whether conducted for profit or not for profit.
SPECIAL EVENT PERMIT
A permit allowing a person to sell and distribute beer and/or wine (with a valid ABLE Commission license) within designated areas in the city owned areas of Downtown or Memorial Park or within enclosed structures, for occasional and limited duration.
C. 
Special Events Permit Application. Application for a special event permit where beer and/or wine will be sold or distributed shall be made to the Office of the City Manger and may be granted upon satisfying the conditions set forth in this article. The application shall contain the following information:
(1) 
The name, address and telephone number of the applicant; (The applicant shall be the actual person who will operate the special event, i.e., vendor.)
(2) 
A site plan showing the proposed designated area for the special event; the site plan shall include a statement from the sponsoring organization of the community-wide activity approving the special event and the proposed location of the special event. The sponsoring organization will designate on the site plan the location for multiple vendors, if there will be more than one.
(3) 
The dates when the special event shall be conducted;
(4) 
A copy of the applicant’s current on-premises beer and/or wine license(s) issued by the state and county (if applicable);
(5) 
Each vendor shall present a certificate of liability insurance coverage, including host liquor liability, with limits for personal injury and property damage not less than the city’s limits of liability under the Governmental Tort Claims Act;
(6) 
A statement, signed by the applicant and each vendor, certifying that if a permit is approved, the applicant agrees to abide by all applicable laws and ordinances of the city and to indemnify and hold the city harmless from any and all liability arising out of the use or condition of the premises or operation of the special event; and
(7) 
Other information as the City Manager deems appropriate.
(8) 
A copy of the application must be presented to Code Enforcement at least three working days in advance of the festival or special event. Applications will be considered in the order received.
D. 
Conditions for Permit Approval.
(1) 
Special events permits shall not exceed the period of the celebration, event or festival for which it is part.
(2) 
Only those persons holding a current valid license from the ABLE Commission and Payne County (if applicable) for the selling of wine and/or beer shall be eligible to sell or distribute wine or beer.
(3) 
The designated area for wine or beer shall be restricted to clearly marked with a nonmetallic fence or barricade not less than three feet in height and made of sufficient material to prevent litter generated within the special event from blowing outside the area. The fence or barrier shall comply with all city ordinances regarding sight clearance at intersections. Ingress and egress to the designated area shall be from public property. Beer or wine shall be limited to a serving capacity of one person for each 10 square feet of designated area.
E. 
Special Event Fees.
(1) 
Special event permit fees shall be established by resolution; an additional refundable cleaning deposit will be required. Permits shall only be issued for the designated area shown in the original application.
(2) 
Permits are non-transferable to other persons or designated areas or dates. Except for the cleaning deposit required herein, there shall be no refunds of any permit fees for any reason.
F. 
Continuing Compliance.
(1) 
Special events permit may be used on the approved dates from 11:00 a.m. to 11:59 p.m. daily.
(2) 
All beverages sold or dispensed shall be in non-glass containers.
(3) 
Each special event, while in operation, shall be conducted in conformance with all applicable city, county, and state laws regulating the dispensing and on premises consumption of beer or wine, and all other applicable laws and ordinances.
(4) 
The permit issued pursuant to this article shall be kept on the premises of the special event during all hours of operation and shall be made available for inspection upon request of law enforcement.
(5) 
In the event of extraordinary circumstances, the City Manager may order a special event permit holder to cease operations.
G. 
Limitations on Possession and Consumption.
(1) 
No person shall possess any open container of alcohol or consume any alcohol, including beer and wine, outside of an approved designated area while on any city property, regardless of where such alcohol was purchased.
(2) 
Only alcohol purchased or distributed pursuant to a special event permit may be consumed within the designated area from which it was purchased or distributed.
H. 
Penalty.
(1) 
Any person who violates any provision of § 3-27 and/or § 3-27.1 shall be guilty of an offense and punishable as permitted in § 1-8 of the City Code.
(2) 
Any person convicted of violating any provision of § 3-27 or § 3-27.1 shall be ineligible to receive a special event permit for a period of one year following the conviction.
[Code 1985 § 4-85; Code 2005 § 10-182; Ord. 8-20-18-05]
It shall be unlawful for any person under the age of 21 years to be in the possession of any intoxicating beverage containing more than 3.2% alcohol by weight, or any beer or wine, while such person is upon any public street, road, or highway or in any public building or place.
[Code 2005 § 10-183; Ord. 8-20-18-05]
Any person violating the provisions of § 3-28 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by payment of a fine not to exceed $100.