(a) Statement of purpose. It is the purpose of this section to establish as a criminal offense the consumption of cereal malt beverage and alcoholic beverage in certain places as provided in this section and establish a penalty for violation of the same.
(b) Prohibited acts.
(1) It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.
(2) It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such public place within or under the jurisdiction of the city.\
(3) No person shall drink or consume cereal malt beverage or alcoholic beverage on the public streets, sidewalks, alleys, roads or highways or inside vehicles while on the public streets, sidewalks, alleys, roads or highways.
(4) For purposes of this section, the term PUBLIC PLACE shall include upon any street, public thoroughfare, public parking lot or any privately-owned parking area made available to the public generally, within any parked or driven motor vehicle situated in any of the aforesaid places or upon any property owned by the state or any governmental subdivision thereof unless such property is leased to others under K.S.A. 12-1740 et seq., if the property is being used for hotel or motel purposes or purposes incidental thereto or is owned or operated by an airport authority created pursuant to K.S.A. Ch. 27.
(c) Exemptions. The governing body of the City of Howard, Kansas, may permit consumption of cereal malt beverage or alcoholic beverage on the public streets, sidewalks, alleys, roads or highways, by persons not in vehicles, and any property owned by the City of Howard as follows:
(1) The governing body must adopt, by resolution, an exemption for enforcement of the ordinance for a specified date and time and further must designate the public street, sidewalk, alley, road or highway that is exempt for enforcement.
(2) The resolution must be signed by the governing body and posted in the city office prior to the date for the designated exemption.
(d) Penalty. Violation of division (b) of this section is a misdemeanor punishable by a fine of not less than $50 or more than $200 or by imprisonment for not more than six months, or both.
(Ord. 678, passed 9-16-2019)