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It is unlawful for any licensee to keep, possess or operate, or permit the keeping, possession or operation on licensed premises of dice or any other gambling device, or permit raffles to be conducted, except those as are authorized by statute or the city code.
(1989 Code, § 5.15) Penalty, see § 112.999
It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any city park, street, public property or private parking lot to which the public has access, except on premises when and where permission has been specifically granted or licensed by the Council; provided, that this section shall not apply to the possession of an unsealed container in a motor vehicle when the container is kept in the trunk of the vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers.
(1989 Code, § 5.16) Penalty, see § 112.999
It is unlawful for any person to introduce upon or have in his or her possession upon or in any school ground, any schoolhouse or school building, any alcoholic beverage, except for experiments in laboratories and except for those organizations who have been issued temporary licenses to sell beer, and for any person to possess beer as a result of a purchase from those organizations holding temporary licenses.
(1989 Code, § 5.17) Penalty, see § 112.999
It is unlawful for any:
(A) Person to knowingly induce another to make an illegal sale or purchase of an alcoholic beverage;
(B) Licensee to sell or serve an alcoholic beverage to any person who is obviously intoxicated;
(C) Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises;
(D) Licensee to sell an alcoholic beverage on any day or during any hour when the sales are not permitted by law;
(E) Licensee to allow consumption of an alcoholic beverage on licensed premises on any day or during any hour when the consumption is not permitted by law; or
(F) Person to purchase an alcoholic beverage on any day or during any hour when the sales are not permitted by law.
(1989 Code, § 5.18) Penalty, see § 112.999
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUDITY. Uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the postpuberal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered UNCOVERED if the nipple only or the nipple and the areola only are covered.
OBSCENE PERFORMANCE. A play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sado-masochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct.
OBSCENITIES. Those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.
SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT. Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
SEXUAL EXCITEMENT. The condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.
(B) Unlawful act. It is unlawful for any person issued a license provided for in this chapter to permit upon licensed premises any nudity, obscene performance or continued use of obscenities by any agent, employee, patron or other person.
(1989 Code, § 5.80) Penalty, see § 112.999
BEER
It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, charge for possession or otherwise dispose of beer, as part of a commercial transaction, without a license therefor from the city. This section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding beer licenses from the city. Annual on-sale beer licenses may be issued only to drug stores, restaurants, hotels, bowling centers, clubs and establishments used exclusively for the sale of beer with the incidental sale of tobacco and soft drinks.
(1989 Code, § 5.30) Penalty, see § 112.999
(A) Applicant. A club or charitable, religious or nonprofit organization shall qualify for a temporary on-sale beer license. The license may not authorize the sale of beer in any school or school buildings.
(B) Conditions.
(1) An application for a temporary license shall state the exact dates and place of proposed temporary sale.
(2) The Council may but at no time shall it be under any obligation whatsoever to grant a temporary beer license on premises owned or controlled by the city. The license may be conditioned, qualified or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $100,000 for injury to any one person and $300,000 for injury to more than one person, and $25,000 for property damage, naming the city as an insured during the license period. The license shall be issued only on the condition that the applicant will not sell in excess of $10,000 (retail value) worth of beer in any calendar year, and thereupon shall be exempt from proof of financial responsibility as provided for herein.
(3) The applicant shall comply with all other restrictions, limitations and regulations for the sale of beer under the city code and statutes.
(1989 Code, § 5.31) (Ord. 29, 2nd Ser., eff. 5-14-1999)
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