604.02  CONSUMPTION AND/OR POSSESSION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.
   (a)   No person shall consume or possess open alcoholic liquor in a public place, except in a store or establishment doing business with the public which is licensed to sell alcoholic liquor for consumption on the premises; provided however, that alcoholic liquor may be sold and/or possessed and/or consumed in a public place as specifically identified in both the special events permit and license as specified below during the period of both:
      (1)   A valid special events permit granted by the City pursuant to Chapter 815 of these Codified Ordinances specifically permitting alcoholic liquor in a specifically identified public place and in conformance with the conditions of such approval; and
      (2)   A special license with the specific approval and in conformance with the conditions of such approval and the condition of a special license granted by the Michigan Liquor Control Commission, if required by law under the specific conditions of the event.
   (b)   A passenger on a commercial quadricycle properly licensed by the City in accordance with Chapter 817 whose age is 21 years or older shall not be in violation of this section when he or she consumes, or possesses in a container which is open, uncapped or upon which the seal was broken, any beer, wine, spirits, or a mixed spirits drink (collectively “alcoholic beverages”) within or on the quadricycle. However, that passenger shall be in violation of this section if he or she has disembarked, even temporarily, from a commercial quadricycle while possessing an open, uncapped, or upon which the seal is broken, alcoholic beverage.
   (c)   A person consuming, or possessing in a container which is open, uncapped or upon which the seal was broken, any beer, wine, spirits, or a mixed spirits drink (collectively "alcoholic beverages") while located within the boundaries of the commons area of a social district as designated by the Battle Creek City Commission by resolution or otherwise, whose age is 21 years of older, shall not be in violation of this section provided the alcoholic beverages were purchased from a qualified licensee who has been granted a social district permit to operate within that specific social district by resolution of the Battle Creek City Commission and by the Liquor Control Commission in accordance with Public Act 124 of 2020. However, that person shall be in violation of this section if such activity takes place outside the posted hours of operation of the commons area of the social district or in violation of the posted rules of the commons area of the social district.
   (d)   Nor shall any person who owns, operates or controls a public establishment or store not so licensed, permit the consumption of alcoholic liquor therein.
(1975 Code Sec. 9.152)  (Ord. 04-06.  Passed 3-7-06; Ord. 02-2015.  Passed 4-14-15; Ord. 09- 2017.  Passed 6-20-17; Ord. 07-2020.  Passed 8-11-20.)