(A) Definitions: For purposes of this section, the following words and phrases shall have the following meanings:
ALCOHOL: Ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.
ALCOHOLIC BEVERAGE: A compound produced and sold for human consumption as a drink that contains more than one-half of one percent (0.5%) of alcohol by volume, and includes, but is not limited to, such beverages as those commonly known as liquor, malt liquor, beer and wine.
PUBLIC DISPLAY OR EXHIBITION OF ALCOHOLIC BEVERAGES: Includes transporting, carrying and exhibiting open cans, bottles, glasses or other types of containers of or for alcoholic beverages, either empty or containing alcoholic beverages, to, in, on or within any vehicle or any public place; provided, however, that this definition does not include transporting or carrying alcoholic beverages to and from retail or wholesale liquor or beer establishments in sacks, cases, boxes, cartons or other similar containers with unbroken seals when no display or exhibition is made.
PUBLIC DRINKING: Includes the drinking or consuming of alcoholic beverages in, on, or within any public place or in, on or within any vehicle in, on, or within any public place.
PUBLIC PLACE: Means and includes:
1. All public streets, avenues, alleys, boulevards, sidewalks, parking lots, roads, ways, dedicated park lands, restrictive deeded parks and all city owned lands used for parks within the city limits, whether or not such parks are actually developed and used, within the city limits, with the exception of the Sixth Avenue Ballpark and the Slow Pitch Ballpark.
2. All public buildings, structures and other improvements, excepting therefrom any privately owned building, structure or other improvement unless the same is occupied and used for and by a public or publicly owned office, agency, entity or organization.
VEHICLE: Every device in, on or by which any person or property is or may be transported or drawn in or within a public place.
(B) Public Display And Drinking Prohibited: The "public display or exhibition of alcoholic beverages" and "public drinking", as defined in this section, are prohibited, except by special use permit, and it is unlawful for any person to engage in the public display or exhibition of alcoholic beverages within the limits of the city.
(C) Penalty: A violation of this section shall be deemed a misdemeanor and shall be punishable by a fine of not more than one hundred dollars ($100.00) or by imprisonment of not more than thirty (30) days, or both. (Ord. 865, 4-19-2010)