Sec. 3-1.1. Public drinking and possession of open drinking containers prohibited; special permits; exception; penalty.
(a)
Except as specifically authorized by a permit issued pursuant to this section, it is unlawful for any person to drink from or possess any opened drinking container in or on any public street, sidewalk, right-of-way, park, playground or other public place within the municipality. This is intended to include any and all vehicular traffic or stationary vehicles using or located on any public street, sidewalk, right-of-way, park, playground or other public place within the municipality.
(b)
For purposes of this section, an “opened drinking container” shall mean any container containing a beverage of low alcoholic content or a beverage of high alcoholic content in which the container is open in any manner that would permit the contents to be consumed or poured, or any container of a beverage of low alcoholic content or of a beverage of high alcoholic content upon which the seal has been broken or the contents exposed to the air.
(c)
For purposes of this section “public place” shall mean any place open to the public, except in those public places of business for which a permit has been issued pursuant to this chapter 3 of the Addis Code of Ordinances, but including the parking lot or other property which is part of or adjacent to any place of business for which a permit has been issued under this chapter 3 of the Addis Code of Ordinances. It is specifically intended that this section shall pertain to the porches, sidewalks and parking lots of all such licensed premises. “Porches” are deemed to be a portion of the permitted premises that are not totally enclosed with opaque walls.
(d)
Special permits authorizing drinking from or possessing any open container containing alcoholic beverages for limited times and occasions may be obtained from the Town of Addis. Said permit shall allow the drinking from or possessing of any open container containing alcoholic beverages in public places for specific, special occasions and shall be limited to the well-defined premises stated in said permit.
All permits shall be approved by the mayor and the board of aldermen or their duly authorized representative.
The length and duration of the specific, special function together with the “public place” to be utilized shall be stated in the application for said permit.
A fee, the amount of which shall be set from time to time by a vote of the town council meeting in regular or special session, may be charged for issuance for such permit. No permit may be issued for specific, special functions, unless said functions commence after 6:00 a.m. and conclude before 1:30 a.m.
(e)
Specifically held exempt from this section is that day designated by the mayor and the board of aldermen of the Town of Addis, for the Addis Ladies Auxiliary Fireman’s Carnival Parade. On this particular day only, drinking from or possessing any open drinking container containing alcoholic beverages in or on any public street, sidewalk, right-of-way, park, playground or other public place within the municipality shall be permitted. No special permit is required for this day.
(f)
Whoever violates this section shall be fined not more than five hundred dollars ($500.00) or shall be confined for not more than thirty (30) days, or both.
(Ord. No. 84-6, 12-5-84; Ord. No. 2010-2, 4-7-10)
