(a)   Definitions. As used herein, the following terms shall have the meanings ascribed to them in this section:
      (1)   The "Downtown Festival District" shall consist of all streets (and portions thereof) and other public areas within the following bounded region:
         Beginning at the Southeasterly comer of Galena Avenue and Jackson, thence northwesterly along the east side of Galena Avenue to Spring Street, thence northeasterly along the southerly side of Spring Street to Liberty Avenue, thence northwesterly along the easterly side of Liberty Avenue to Stephenson Street, thence southwesterly along the southerly side of Stephenson Street to Adams Avenue, thence northwesterly along the westerly side of Adams Avenue to Douglas Street, thence southwesterly along the southerly side of Douglas Street to Galena Avenue, thence southeasterly along the easterly side of Galena Avenue to the point of beginning.
      (2)   "Authorized licensee" shall be an establishment licensed under this Code which:
         (A)   Is licensed to sell alcoholic liquors at retail for on-premises consumption;
         (B)   Has a licensed premises within the Downtown Festival District;
         (C)   Has been approved by the Liquor Commissioner to participate in the Downtown Festival District as required by subsection (g) hereof; and
         (D)   Has agreed to be bound by all rules and regulations pertaining to sales of alcoholic liquor in the Downtown Festival District.
   (b)   Times of Operation. The Liquor Commission shall establish firm dates and times during which open containers of alcohol are allowed within the Downtown Festival District by action of said Commission. No such period of time shall exceed 12 consecutive hours and shall in no event provide for a starting time prior to 11:00 am, nor an ending time after 11:00 pm. A list of all authorized dates and times shall be placed on file with the City Clerk. Provided, there shall be no more than twelve (12) scheduled dates in any calendar year.
   (c)   Possession Authorized. During established hours as determined in accordance with subsection (b) hereof, open containers of alcoholic liquor may be carried out of the licensed premises operated by an authorized licensee and possessed or consumed on the public way within the Downtown Festival District, so long as the individual is of legal age to possess and consume alcohol and the individual is in compliance with all rules and regulations related to the Downtown Festival District that are promulgated by the Liquor Commissioner, including but not limited to wearing any required wristbands, displaying any required credentials, and utilizing any required beverage containers required within the Downtown Festival District. Possession of any alcoholic liquor in a public place which is not in strict compliance with this section shall be a violation of Section 608.04 of these Codified Ordinances.
   (d)   Application. In order to participate in the Downtown Festival District eligible licensees must submit and have approved an application to the Liquor Commissioner in the form provided by the Liquor Commissioner to participate in a Downtown Festival District. Applications must be submitted to the City Clerk at least 15 business days prior to the the next scheduled time period designated as a Downtown Festival District in which the applicant wishes to participate. A non-refundable application fee in the amount of $50.00 shall be payable to the City Clerk at the time of application. Subject to approval of the application, payment of the application fee shall entitle the licensee to participate in the Festival District as an authorized licensee for the calendar year in which the fee is paid.
   (e)   Responsibilities of Authorized Licensees. At all times while the Downtown Festival District is in operation, authorized licensees shall:
      (1)   Conspicuously post, at the bar and at the entrance(s) and exit(s) of the establishment:
         (A)   The certificate of approval issued by the Liquor Commissioner approving the licensee as an authorized licensee; and
         (B)   The Rules of the Downtown Festival District, as set forth herein.
      (2)   Provide a Downtown Festival District wristband, issued by the City, to each patron that intends to consume alcoholic beverages outside of the licensed premises. Each authorized licensee shall be responsible to verify the identity of each patron who receives a wristband and confirm that the patron is at least 21 years of age before providing a Downtown Festival District wristband to the patron. Only BASSET trained servers may issue wristbands. No licensee may charge for the privilege of receiving a wristband or deny the issuance of any wristband for any discriminatory purpose.
      (3)   Provide trash receptacles on the sidewalk areas immediately adjacent to the licensed premises, and regularly monitor and empty these receptacles as reasonably necessary.
      (4)   Assign an employee or employees to regularly inspect for and remove items of trash from the sidewalk. curb. and street areas that are immediately adjacent to the licensed premises of the authorized licensee.
      (5)   Permit any individual wearing Downtown Festival District wristbands to utilize the establishment's restrooms, unless so doing would pose an immediate threat or danger to the safety and welfare of the licensee's employees or customers.
      (6)   Serve all alcoholic liquor for consumption in the Downtown Festival District only in plastic or paper cups conspicuously identifying the authorized licensee which sold such cup. A licensee may, but need not, charge a fee for any cups provided.
      (7)   Adhere at all times to all other provisions of these Codified Ordinances and all applicable State and local public health regulations.
   (f)   Prohibited Conduct.
      (1)   No alcoholic liquor may be sold or in any way distributed for consumption in the public way in the Downtown Festival District by any person or establishment that has not applied and been approved as an authorized licensee pursuant to this Section 806.22. Any such sale shall be a violation of Section 608.02(p) of these Codified Ordinances.
      (2)   No alcoholic liquor intended for consumption outside of the licensed premises of an authorized licensee may be sold or otherwise distributed to any individual not in possession of a current and valid Downtown Festival District wristband.
      (3)   No person shall be in possession of any alcoholic liquor within any part of the Downtown Festival District which is not an otherwise licensed premises. unless (A) said alcoholic liquor is contained in a conforming paper or plastic cup issued by an authorized licensee and (B) they are wearing a validly issued Downtown Festival District wristband. Possession of alcoholic liquor outside of a licensed premises which is not in strict compliance with this section shall constitute a violation of Section 608.04 of these Codified Ordinances.
      (4)   No person shall enter any business or other establishment within the Downtown Festival District with any alcoholic liquor unless the premises contains conspicuous signage expressly authorizing such entry. Signs to the effect of "Carry-Ins Allowed", or similar shall be deemed to suffice if visible at the point of entry into the establishment.
   (g)   Liquor Commissioner Authority. The Liquor Commissioner shall have the exclusive authority to:
      (1)   Approve or disapprove applications for licensees to become authorized licensees; and
      (2)   Declare an emergency end to a Downtown Festival District at any time that the public health, safety, and/ or welfare is threatened or in danger.
   (h)   Presumption of Responsibility. In the course of an investigation of a violation of this section, a citizen's identification of the licensee responsible for such violation shall create a rebuttable presumption of such responsibility. The Liquor Commission may rely on such identification if it could be reasonably relied upon by a reasonable person in the course of his or her affairs. Evidence offered for admission to rebut the presumption can include, but not be limited to, photos, videos, and receipts provided by the licensee that prove that the licensee was not responsible for the violation.
   (i)   Enhanced Fines. In the event of any violation of the Codified Ordinances of the City of Freeport which occurs within the boundary of the Festival District during hours in which open containers of alcohol are allowed within the Downtown Festival District as published pursuant to subsection (b) of this section, the fines levied for such violations shall be twice the usual and customary fines for such prohibited conduct. Provided, no such fine shall exceed seven hundred fifty dollars ($750.00).
(Ord. 2020-61. Passed 12-7-20; Ord. 2022-05. Passed 2-7-22.)