(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INTOXICATION. The state of being intoxicated, due to the consumption of an alcoholic beverage, being otherwise impaired and/or contributing to or creating a disturbance of the peace, or having a BAC level of .08 or more.
OPEN CONTAINER. The original receptacle of the alcoholic beverage, whose seal has been broken or cap removed, or any other container into which the alcoholic beverage has been placed which does not have affixed thereon a permanent airtight seal or cap.
PREMISES. The interior of any business establishment licensed for the sale and consumption of alcoholic beverages thereon.
(B) Public intoxication prohibited. It shall be unlawful for any person or persons to be, at any time, on any street, lane, alley, park or other public place within the incorporated city limits in an intoxicated condition.
(C) Removal from business premises unlawful. It shall be unlawful for any person to remove from a business premises, licensed for the sale and consumption of alcoholic beverages thereon, located within the incorporated city limits, any open container of an alcoholic beverage.
(D) Permitting removal from premises unlawful; exceptions.
(1) It shall be unlawful for any person, or business licensed by the city for the sale and consumption of alcoholic beverages thereon, or for any establishment whereon the consumption of alcoholic beverages may take place, or any employee or agent of the licensee, to knowingly permit any person to remove from the licensed premises an open container of an alcoholic beverage.
(2) Any business licensed for the sale and consumption of an alcoholic beverage thereon, located within the incorporated city limits, may apply for a permit from the City Clerk to allow for the sale and consumption of alcohol outside of the immediate premises whereon the regular sale and consumption of alcohol occurs.
(3) (a) The application shall be on a form approved by the Council and shall specify the location and area where the alcohol shall be consumed.
(b) The application shall be granted upon a showing of good cause and upon a showing that the proposed activity shall not be detrimental to the public’s health and safety.
(Ord. 625, passed 11-2-2010) Penalty, see § 130.99