Sec. 10-1. – Sale, consumption in public prohibited; exceptions.
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Alcoholic beverages means any fluid or any solid capable of being converted into fluid, suitable for human consumption, and containing more than one-half of one percent alcohol by volume, including malt, vinous, spirituous, alcoholic or intoxicating liquors, beer, porter, ale, stout fruit juices, cider, or wine.
Liquors means all distilled or rectified alcoholic spirits, brandy, whiskey, rum, gin, and all similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing, such as liquors, cordials, and similar compounds.
(b)
The sale and consumption of alcoholic beverages and liquor on the public streets, sidewalks and outside grounds of a business premise are hereby prohibited, as set out in this section.
(c)
The sale of alcoholic beverages and liquor on the streets and sidewalks or in public is prohibited. No person shall sell alcoholic beverages or liquor on the streets, sidewalks or other public right-of-way of the city, nor shall a person sell such alcoholic beverages or liquors from a window, door or other aperture facing a street or sidewalk or other public right-of-way within the city limits.
(d)
The consumption of alcoholic beverages and liquor in public is prohibited. No person shall consume alcoholic beverages or liquor while standing, walking, or sitting on the public streets or sidewalks of the city or on the grounds outside of any business or building, nor shall any person carry an opened bottle, cup, glass or other open container, containing alcoholic beverages or liquor while standing, or walking the public streets of the city or the grounds of any business place.
(e)
There shall be exempt from this section the immediate area of any special event, such as a fair or festival, when sponsored by a nonprofit organization and when a permit has been granted by the city. Such permit shall specifically delineate the boundaries of the immediate area and the period for which the special event is authorized to be held. A signed copy of each permit shall be furnished to the chief of police. There shall also be exempt from this section the regular gatherings of chartered nonprofit organizations, individuals and families when they are at a place or facility or their residence which is under their control.
(Ord. No. 5-1980, 8-13-1980; Code 1982, ยง 3-1)
