(A) It shall be unlawful for any person to consume, and for any person to carry in any cup, glass, can, bottle or other open or uncovered container, any alcoholic beverage in any park or recreational area open to the public or on any street, beach, sidewalk, alley or public right- of-way. This section shall not apply to:
(1) Any premises that has a valid sidewalk café table permit and is duly licensed pursuant to state law on which on-premises consumption of alcoholic beverages is permitted, or on any privately-owned property; (‘72 Code, § 3-9)
(2) Department of Parks, Recreation and Cultural Arts indoor facilities with a valid facility use permit;
(3) City golf courses; or
(4) The Hollywood Art and Culture Center.
(B) It shall be unlawful for any person, organization or corporation to sell alcoholic beverages in any park or recreational area or on any street, beach, sidewalk, alley or public right-of-way. This section shall not apply to city golf courses and the Hollywood Art and Culture Center pursuant to the state law on which the sale of alcoholic beverages is permitted.
(C) (1) Any person, organization or corporation who or which wishes to be excluded from the prohibition of the above divisions (A) and (B) for a period of time not to exceed seven days may apply to the City Manager or designee for a variance. The criteria to be used by the City Manager or designee shall include:
(a) The purpose for which the variance is requested.
(b) The dates, times and locations of such purpose.
(c) Provisions for security and crowd control.
(d) Proximity to residential areas.
(2) The variance may be granted if the above criteria tend to lessen the impact of such public consumption on any neighboring residential property, and tends not to disturb the health, safety, welfare, peace and comfort of the citizens of the city. The less likely the variance to create a nuisance based upon the above criteria, the more likely the variance to be granted.
(3) Appeals from the determination of the City Manager or designee as to the denial of a variance for consumption of alcoholic beverages during special events within the city shall be made to the City Commission. These appeals shall have priority and shall be heard at the next regular meeting of the City Commission.
(4) The hearing on such appeals shall be de novo. The City Commission shall hear evidence as to the manner by which the City Manager or designee evaluated the criteria set out in divisions (C)(1) and (2) above. The City Commission shall sustain or reverse the decision of the City Manager or designee in accordance with the City Commission’s judgment as to whether the applicant meets the standards set out in divisions (C)(1) and (2) above. The City Commission shall make a final decision in the matter and the City Manager or designee shall give written notice thereof to the applicant.
(‘72 Code, § 3-10) (Ord. O-79-30, passed 7-2-79; Am. Ord. O-93-32, passed 7-21-93; Am. Ord. O-98-08, passed 5-6-98; Am. Ord. O-2010- 16, passed 6-2-10; Am. Ord. O-2022-12, passed 6-15-22) Penalty, see § 113.99