(a) Alcoholic beverage permit. Permits for the sale, consumption, or possession of alcohol in a park shall be issued without charge pursuant to the following standards:
(1) The permittee must designate a responsible individual;
(2) A cash deposit not to exceed $200 must be posted with the Town Manager, or said Manager's designee. The Town Manager, or said Manager's designee shall determine the amount of the bond required. Funds will be returned when the park is cleaned of all trash and garbage;
(3) The permittee must demonstrate that adequate provisions have been made to ensure compliance with all applicable statutes and ordinances regarding the sale, possession or consumption of alcoholic beverages, and that the activity will not unduly interfere with the enjoyment of the park facilities by other citizens;
(4) An applicant shall have first furnished copies of his alcohol license should alcoholic beverages be sold, and a health department license should food and beverages be sold; and
(5) Said permit may be granted for no more than a 24 hour period once every five consecutive days.
(b) The following provisions are general conditions for all alcoholic beverage permits issued pursuant to this chapter:
(1) The Chief of Police or his designee may stop the sale, possession, or consumption in a Town park of alcoholic beverages where a breach of peace is occurring or an activity in the nature of a riot has occurred;
(2) A permittee shall be bound by all park rules and regulations and all applicable ordinances and resolutions as fully as though the same were inserted in the permits; and
(3) Liability of permittee. The person(s) to whom a permit is issued shall be liable for any loss, damage or injury to property or person (including death), by reason of the negligence of the person(s) to whom such permit shall have been issued.
(c) Denial of permit. A permit for sale, consumption, or possession of alcoholic beverages in a Town park application may be denied for any one or more of the following reasons:
(1) The application is incomplete in a material respect;
(2) The application has been fraudulently completed;
(3) A prior permit has already been issued for the same area requested within the same time period, or a portion thereof;
(4) The application is not for a public area;
(5) An adjacent public area has already been scheduled for use at the same time. Upon a showing that simultaneous uses can be accommodated, the Town Manager or his designee may waive this requirement.
(6) The Chief of Police has factual knowledge that the applicant or sponsoring group specifically intends to cause or create a public disturbance.
The foregoing list of reasons for permit denial shall not be construed to be an exclusive list of reasons for denial.
(d) Revocation. The Town Manager, or said Manager's designee, shall have the authority to revoke an alcoholic beverage permit issued pursuant to this chapter upon a finding of violation of any rule, resolution, or ordinance, or upon good cause shown. During the use of a park, the Town Police Department shall have the authority to order a termination of the event should the continuance of such event contribute to public disorder or endanger life or property, or find that the application was fraudulent in any manner.
(Ord. 92-06, passed 11-18-92)