§ 130.24 POSSESSION AND CONSUMPTION OF ALCOHOL ON CITY PROPERTY.
   (A)   No alcoholic beverages shall be possessed or consumed on any property owned, leased, or controlled by the City, including, but not limited to: all City parks, City Hall, Council Chambers, Women’s Club, and all other property owned or leased by the City, or maintained by the City, unless specifically approved and authorized under the provisions of this section. The provisions of this section shall not apply to property owned by the City and leased to other persons or entities; provided, however, that the terms of any such lease may contain provisions restricting or prohibiting the possession and consumption of alcohol on such leased property.
   (B)   The office of the City Clerk may authorize the possession and consumption of alcoholic beverages at the Women’s Club, the Adult Center, Regional Park, or San Carlos Park under the following conditions.
      (1)   The person desiring permission to possess or consume alcoholic beverages at such authorized location shall complete, sign, and file a written application for a permit, and becomes therefor the designated responsible person to be in charge of the event or occasion for which such permission is sought.
      (2)   An entity or organization desiring permission to possess or consume alcoholic beverages at such authorized location shall complete, sign, and file a written application for a permit, and designate a responsible person to be in charge of the event or occasion for which such permission is sought.
      (3)   The responsible person identified in the application and permit shall be 21 years of age or older; shall ensure compliance with the provisions of the permit, this section, and the liquor laws of the state; and shall ensure that no person under the age of 21 years possesses or consumes alcohol in connection with any activity authorized by the permit.
      (4)   The office of the City Clerk shall provide appropriate forms for such application.
      (5)   Any such permit issued for Regional Park or San Carlos Park shall authorize the possession and consumption of beer and wine only, and shall prohibit the use, distribution, possession, or consumption of alcohol from glass cups, containers, and bottles.
      (6)   Any such permit issued for the Women’s Club or Adult Center shall authorize the possession and consumption of any alcoholic beverage.
      (7)   The applicant shall state on the application form whether the applicant will sell any alcoholic beverage, or collect any money from any person or entity for the possession or consumption of alcohol in any manner which requires the issuance of a special liquor license under the laws of the state, in which case, the following additional requirements shall apply.
         (a)   The office of the City Clerk shall forward the application to the City Council for final approval.
         (b)   The applicant shall provide proof of liability insurance for the event or occasion in an amount approved by the City Council, naming the City as an additional insured party.
         (c)   The City Council may require the applicant to pay for or provide security for the event or occasion and shall designate the hours during which alcoholic beverages may be possessed or consumed.
         (d)   The City Council shall not approve the application or permit without proof of the issuance of a special event liquor license under the laws of the state.
         (e)   The City Council may issue the permit conditioned on such other matters as the Council deems necessary and appropriate for the public peace, health, and safety.
      (8)   In addition to complying with the use rules and regulations of the park or facility for which the permit is issued, the applicant shall also comply with the following additional rules and regulations.
         (a)   The responsible person must restrict the possession and consumption of alcohol to the specific area designated on the permit.
         (b)   The responsible person must be physically present at the specific area during all times that alcohol is possessed and consumed by any person under the conditions of the permit; and the responsible person shall at all times maintain physical possession of the permit and make it available for inspection upon request.
         (c)   The responsible person will be responsible for ensuring that all members of the applicant’s group are of legal age to drink alcohol under state law.
         (d)   The responsible person will be responsible for the conduct of all members of the applicant’s group.
         (e)   The responsible person will be responsible for depositing litter in the proper receptacles and for cleaning the area used by the applicant’s group after the event is completed.
         (f)   Obnoxious behavior or excessive noise will not be permitted.
         (g)   The issuance of a permit under this section does not guarantee a ramada or any specific area or any other type of reservation.
         (h)   Permits will not be issued in conjunction with any type of youth event.
         (i)   No permit may be transferred to any other group, applicant, or area; and no responsible person may delegate or transfer any of the duties or rights authorized in any permit to any other person.
         (j)   Failure to comply with all permit, park, or facility rules and regulations may forfeit the right to receive permits in the future.
         (k)   Any permit may be revoked at any time by any City police officer or by the office of the City Clerk for any violation of the permit conditions, park or facility rules or regulations, City ordinances and City code provisions, liquor law, or state law. In addition to a permit revocation, the responsible person and all members of the applicant’s group may also be directed to immediately vacate the park or facility for which the permit was issued.
   (C)   The Council, by motion, may suspend the permit provisions of this section during times of City-wide events at Regional Park and San Carlos Park, and authorize the possession and consumption of beer and wine at those times in those locations.
(Prior Code, § 11-1-25) (Ord. 99-07, passed 8-9-1999) Penalty, see § 130.99