No person may have in their possession, or in the passenger compartment of any motor vehicle they occupy, any alcoholic beverage in an open container or in a container on which the seal has been broken if that person is:
(A) On any “town property”, which is defined herein, including parks and recreation facilities (park grounds) operated by Town of Hanover Park Board (hereinafter referred to as Parks Board), with the exception of property leased to a non-municipal entity, or division (B) of this section.
(B) (1) There may be drinking of alcoholic beverages on park grounds during “permitted events”, which is defined herein.
(2) In the event alcohol will be supplied or sold at the permitted event by a person/entity, at least five business days prior to a permitted event, the person/entity responsible for the event shall submit a list of the names and addresses of each person serving alcohol and must also provide a copy of their license to serve alcohol, as well as the hosting entity’s temporary permit from Indiana Alcohol and Tobacco Commission (IATC).
(3) Additionally, the person/entity responsible for the permitted event at which alcoholic beverages will be served shall provide the town with proof of insurance for public liability and liquor liability coverage, which shall include proof of both public liability insurance and liquor liability insurance in an amount not less than $1,000,000 each, wherein the town/Parks Board are additional named insureds. The hosting entity shall also provide proof of insurance from any vendor selling alcohol at the permitted event of liquor liability insurance coverage naming the town/Parks Board as an additional insured. Any person/entity who is responsible for the permitted event agrees to indemnify and hold the town and Parks Board harmless from any loss, damage, or injury of any nature arising out of or from for their use of the grounds. Use of the grounds, park and recreation facilities is subject to completion of all other rental/use forms required by the Parks Board. The serving and use of alcohol is subject to state law and any misuse shall be prosecuted accordingly.
(C) TOWN PROPERTY includes all property owned by the town and included town-owned buildings, town-owned parking lots, and parks.
(D) PERMITTED EVENT is an event where alcohol will be sold or otherwise provided under a temporary beer and wine permit issued by the IATC and when such event has been authorized by the Parks Board prior to the event.
(E) It shall be a Class C infraction for a person to knowingly violate this section. Violations of this section may be resolved by entering an admission of violation with the town’s Ordinance Violations Bureau, together with payment of a civil penalty of $75 for each violation admitted. In addition, all other provisions of Chapter 35 shall apply to violations thus resolved.
(F) Violations of this section shall be prosecuted in the county superior court or other appropriate court by the Town Attorney if not paid to the town’s Ordinance Violation Bureau.
(Ord. 2006-2, passed 6-19-2006; Ord. 2023-7, passed 2-7-2023)