A. Alcoholic Beverage Open: Unless otherwise exempted under subsection B of this section, it is unlawful for any person to carry onto, or be in possession of any alcoholic beverage, in or on any public streets, alleys, rights of way or public property within the city, if the container holding such alcoholic beverage is open or unsealed.
B. Exemptions:
1. The Cottonwood City Hall/Community City Center and any city park shall be exempt from the prohibitions contained in subsection A of this section, without the requirement of separate application or exemption under subsection B2 of this section, if the city has authorized consumption or service of alcoholic beverages on such premises by other ordinance, resolution, lease or permit. The exemption under this subsection shall only apply for the specific premises, or part thereof, and for the duration of the activity so authorized by the city.
2. The city council of the city may, in its discretion, designate certain public streets, alleys, rights of way or other city property within the city as exempt from the prohibitions contained in subsection A of this section for a limited duration. Such exemptions shall be made by resolution of the city council as hereafter provided on such terms and conditions as the city council deems in the best interest of the city.
Any person seeking an exemption under this section shall apply to the city council and shall provide such information as may be required by the city for consideration of the application.
The city council may establish terms and conditions for granting the exemption as it deems in the best interest of the city. In addition to any other requirements or conditions as may be established, the applicant may be required to show proof of sufficient insurance or other means of financial responsibility as a condition for granting the exemption.
The city council may deny any application if: a) the applicant has failed to supply any requested information required by the city for granting the exemption, or b) the applicant has failed to provide any required proof of insurance, or financial responsibility or has failed to meet any other condition established by the city for granting the exemption, or c) granting of the exemption is deemed to not be in the best interest of the city.
Upon receipt of the application, the city clerk shall cause a notice to be published in a newspaper of general circulation in the city, at least once, so that such notice shall appear not less than five (5) days prior to the public meeting of the city council where the application will be considered. Said notice shall include the name and address of the applicant, the proposed dates, times and locations for the exemption, including the expiration date and time, and the date and time of the public meeting of the city council where the application will be considered.
The applicant shall pay all expenses of publication and investigation for consideration of the exemption.
The resolution granting any exemption shall specify the dates, times and public streets, alleys, rights of way or other city property exempt from operation of subsection A of this section, including specifying the date and time of expiration of the exemption. All exemptions shall automatically expire on the date and time of expiration stated in the resolution granting the exemption without further action or notice by the city. In addition, the chief of police of the city and the mayor, and each of them individually, are hereby authorized to terminate any exemption prior to expiration thereof if, in their sole discretion, termination is necessary to prevent public nuisances, harm to persons or public or private property, breaches of the peace, or other violations of law.
C. Operation Of Other Laws Not Affected: Nothing in this chapter or any exemption resolution shall exempt any person from the operation of or compliance with any other state, federal or local law, regulation or ordinance, including, but not limited to:
1. All laws pertaining to the distribution, use or possession of alcoholic beverages; and
2. All laws pertaining to possession of open or unsealed alcoholic beverage containers in motor vehicles.
D. No Liability: The city, its officials, employees and agents shall not be liable for any claim or cause, regardless of the nature thereof, arising directly or indirectly from the granting or denial of any exemption. (Ord. 232, 2012)