Section 112.05 of the Minnesota Basic Code, regarding consumption of alcohol in parks, is replaced as follows:
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BEER. Non-intoxicating malt liquor which contains not in excess of 3.2% alcohol by weight.
GLASS CONTAINER. Any original packaged container or receptacle holding beer, wine, intoxicating liquor or soft drink beverages, which is constructed using glass or any similar material which shatters into shards upon impact.
INTOXICATING LIQUOR and ALCOHOL. Ethel alcohol, distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight.
PACKAGE and ORIGINAL PACKAGE. Any container or receptacle holding intoxicating liquor or beer, in which the container or receptacle is corked, capped, or sealed by a manufacturer or wholesaler.
PUBLIC PROPERTY. Any public property owned by the city, including public streets and parks.
WINE. The fermented juice of grapes and other fruits used as an alcoholic beverage not exceeding 14% alcohol by volume.
(B) Intoxicating liquor, beer and wine in parks and other public property.
(1) Except as otherwise permitted by this section, the use, consumption, display, and presence of beer, wine and intoxicating liquor is prohibited in parks and other public property in the City of Cottonwood.
(2) Special permits. The City Council may issue a special permit for the use, consumption, and display of wine, beer and intoxicating liquor in a park or other public property.
(3) Eligible parties. A special permit may be issued to persons in connection with a social event conducted by a family, an employee group, a club, a charitable, religious or other non-profit organization solely for the enjoyment of the persons invited to the event by the applicant for the permit. A special permit may also be issued to a business or organization that has been issued an on-sale intoxicating liquor license, temporary 3.2% malt liquor license, temporary on-sale intoxicating liquor license, one day consumption and display permit, or any other permit that allows for the consumption, display and sale of intoxicating liquor.
(4) Duration. The special permit allows the presence of intoxicating liquor, beer and wine in the park or other public property only during the time specified in the permit which time may not exceed 12 consecutive hours in one calendar day.
(5) Application. The application for a special permit is prepared by the City Clerk- Administrator. The application must specify the purpose of the social event, the nature of the activity proposed, the hours during which it is to be conducted, the maximum number of persons expected to attend, and such other information as the Clerk-Administrator may reasonably request.
(6) Fee. The City Council may, by resolution, set the permit fee for special permits issued under this section.
(7) Special conditions. The use, consumption, display and presence of beer, wine and intoxicating liquor in parks and other public property is a matter of special concern to the city as such activity relates to the peace and good order of the city. For that reason the issuance of a special permit under this section is determined to be a matter within the sole discretion of the City Council, and its determination to issue or not to issue a special permit is final. The Council may impose additional conditions in the granting of a special permit. The application for the special permit must be accompanied by: (i) a copy of this section; (ii) an acknowledgment by the applicant that the section has been read and is understood by the applicant; and (iii) that the applicant agrees not to challenge or in any way contest the determination of the City Council with regard to the issuance of the special permit.
(C) Miscellaneous.
(1) Glass containers. It shall be unlawful for any person to have in possession any glass containers, including but not limited to, beer bottles, wine bottles, intoxicating liquor bottles or soft drink bottles in any park within the City of Cottonwood.
(2) Scheduling authority. The City Clerk-Administrator shall have the authority to schedule the use of city parks, and all groups desiring to use such facilities shall schedule their use with the Clerk- Administrator.
(3) Vandalism. No person shall deface, destroy, diminish or impair the value of public property within any public park or other public property in the City of Cottonwood, including buildings, structures or trees, shrubs or vegetation located thereon or growing thereon. No person shall litter or cast or allow to remain rubbish or trash of any kind or nature or having any glass containers in or about any city park or other public property in the city.
(4) Noise. No person shall engage in any violent, loud or other disorderly conduct creating or tending to create a breach of the peace.
(5) Vehicle parking. It shall be unlawful for any person to operate or park any motor vehicle within the city's parks except upon roadways or other designated parking areas therefor.
(6) Park hours. All parks in the city shall be closed from 10:00 p.m. until 6:00 a.m. No unauthorized persons shall be allowed in the parks during closed hours.
(D) Penalty. Any person who violates any provision of this section or the conditions of the permit issued pursuant to division (B) of this section shall be guilty of a misdemeanor and shall be subject to immediate removal from the park by authorized law enforcement personnel.
(Ord. 2018-3, passed 6-19-2018)