A. Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them in this subsection:
ALCOHOLIC BEVERAGE(S): Beer, wine or alcohol as those terms are defined in Idaho Code sections 23-105 and 23-1001, as those sections now exist or may hereafter be amended.
PUBLIC PARK: Shall refer to any public park owned by the city of Eden located within the city limits.
B. Possession Or Consumption Restricted: It shall be unlawful for any person to consume, possess, or allow to be consumed or possessed, any alcoholic beverages within the confines of any public park within the city limits, in violation of this section.
C. Use Of Licensed Vendors; Permit; Fee:
1. Permit Required; Application: Any person or organization desiring to consume or possess alcoholic beverages within a public park may do so only with respect to alcoholic beverages provided from a licensed vendor in valid possession of a catering permit issued pursuant to the laws of the state of Idaho and the city of Eden or from a person or entity holding a permit granted by the city council upon an application, which shall contain the following information:
a. Name of applicant;
b. Place of proposed consumption of alcoholic beverages;
c. Day of consumption of alcoholic beverages;
d. Hours between which alcoholic beverages will be consumed;
e. Name of responsible party for procurement of the alcoholic beverages to be consumed;
f. Description of event at which alcoholic beverages will be consumed;
g. Written statement that the applicant will permit no one under the age of twenty one (21) years to consume alcoholic beverages in connection with the application and that all containers and other refuse will be properly discarded and the park left clean after the activity;
h. Written statement that alcoholic beverages will not be subject to purchase by any individual at the event.
2. Fee: Every application shall be accompanied by a nonrefundable twenty five dollar ($25.00) fee.
3. Council Action; Imposing Conditions: The full application shall be submitted to the city clerk and acted on by the city council at the next regular council meeting following submission of the application. The council may reject an application, approve the same, or impose reasonable conditions on an application including, but not limited to, the number of persons involved, hours of consumption, crowd control measures, and the posting of bond for security and other reasons all as contained in a permit to be issued by the city council. (Ord. 1-2005, 6-13-2005)
D. Penalty: Any violation of this section shall be deemed a misdemeanor punishable as provided in section 1-4-1 of this code. (Ord. 1-2005, 6-13-2005; amd. 2015 Code)