(a) No person shall possess, other than in a container in the manufacturer’s sealed condition, intoxicating liquor on any street or sidewalk, or in any public park, public playground, public school ground, public off-street parking area, or any building located thereon.
(b) The prohibitions contained in subsection (a) shall not apply to:
(1) Intoxicating liquor procured from a vendor dispensing intoxicating liquor pursuant to a permit or license issued by the city when the intoxicating liquor is possessed or consumed in a manner and in a place consistent with the terms and conditions of such permit or license;
(2) The consumption or possession of an intoxicating liquor in a motor vehicle upon any public street, road, or highway; or
(3) The possession of a container of wine authorized to be removed from liquor-licensed premises pursuant to HRS § 281-31(q); provided that the container has been corked or resealed.
(c) Subject to HRS Chapter 281, as amended, and if the sale and consumption of intoxicating liquor is permitted by concession agreement, the prohibitions contained in subsection (a) shall not apply within the licensed premises (as described in a liquor license) of concessionaires of the city located:
(1) On any public golf course;
(2) At those facilities and properties under the jurisdiction and supervision of the director of enterprise services; and
(3) In public parks where private donations were used to construct a memorial pavilion wherein restaurant operation is feasible.
(d) Notwithstanding subsection (a), any director of an outdoor theater which is enclosed by a fence and which is located within a public park may permit the consumption of intoxicating liquor within the confines of such outdoor theater, if so requested by a tenant of such outdoor theater for the term or period of such tenancy and under such restrictions and conditions as may be imposed by the director.
(e) Notwithstanding subsection (a), the director of parks and recreation may permit nonprofit organizations which sponsor and conduct festivals that promote ethnic traditions, customs, and culture and foster the development of tourism, to sell intoxicating liquors within Kapiolani Park by designating one day during Aloha Week during which the sale of beer and wine is permitted between the hours of 3:00 p.m. to 9:00 p.m.; provided that such nonprofit organizations have properly obtained the appropriate park permits and temporary licenses for the sale of intoxicating liquor.
(Sec. 13-4.2, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 40, Art. 1, § 40-1.2) (Am. Ord. 03-31)