[HISTORY: Adopted by the Mayor and Council
of Federalsburg 9-14-1992; amended in its entirety 6-3-2013 by Ord. No.
2013-3. Subsequent amendments noted where applicable.]
The following words and/or phrases shall have the meanings as
hereinafter set forth for the purpose of this chapter only:
Any liquid, substance or matter which is controlled and/or
regulated by the Caroline County Liquor Board.
Any area wherein the public is invited as potential patrons
or customers within any private business establishment, during hours
which said business establishment is open to the public for business,
provided that the business establishment does not hold a current and
valid beer, wine and/or liquor license from the Caroline County Liquor
Board.
Any property which is titled in the name of the Mayor and
Council of Federalsburg, or any road, street, highway, alley, sidewalk
or other public way which is open to the use of the public, regardless
of in whose name the land is titled.
No person shall drink or otherwise consume any beverage containing
alcohol upon any public property or public place within the Town,
unless the following exemption applies. The Mayor and Council of Federalsburg
may, in its sole discretion, grant an exception to this section for
an event in the Town, provided that the applicant meets all of the
following conditions:
A.
The applicant is requesting to allow the consumption of alcohol as
part of an event that celebrates the historical, cultural, philanthropic
or traditional aspect of the Town of Federalsburg and thereby attracts
visitors to the Town.
B.
The serving of alcoholic beverages is incidental to and not the main
or only purpose of the event, such as holding a tasting as one of
other attractions of the event.
C.
The alcoholic beverage will be served and/or consumed within a confined,
designated area.
D.
The applicant will obtain, before the event takes place, the appropriate
license from the Caroline County Liquor Board.
In any trial of any person charged with the violation of this
chapter, it shall be presumed that any container, can or bottle contains
the beverage indicated on the label of said container, can or bottle.
The defendant may rebut the presumption by credible evidence sufficient
to persuade the trier of fact.
