§ 95.03  USAGE OF INTOXICANTS OR DRUGS.
   (A)   Possessing, using, transmitting or being under the influence of any illegal drug, alcoholic beverage or intoxicant of any kind while on park grounds, or off park grounds at a sponsored recreational function, is prohibited. Notwithstanding the foregoing, beer and wine may be served if a special use permit is first obtained from the New Haven-Adams Township Parks and Recreation Department with the following perquisites and conditions:
      (1)   Consumption and serving of beer and wine at an event must be approved by the Superintendent of Parks;
      (2)   Only events occurring at the New Haven Community Center Building and grounds (7500 S.R. 930, New Haven, Indiana) and Schnelker Park are eligible for a special use permit to allow the service of beer and wine;
      (3)   A special use permit must be purchased from the Park Office. The cost of the permit shall be set by the Park Department from time to time as part of their policies;
      (4)   Event organizers must either:
         (a)   Obtain a license from the state’s Alcohol and Tobacco Commission authorizing designated individuals who are part of the event to dispense and serve beer and wine; or
         (b)   Hire a caterer who has a license issued by the state’s Alcohol and Tobacco Commission authorizing designated individuals employed by the caterer to dispense and serve beer and wine.
      (5)   The beer and wine vendor (either the licensed caterer or the licensed event organizer) must provide the Park Department with a certificate of insurance specifying that the event is covered by the vendor’s liquor liability policy with coverage of no less than $1,000,000, bodily injury of $1,000,000 and property damage of $50,000;
      (6)   Permits from the state’s Alcohol and Tobacco Commission and the Park Department must be clearly posted at the event site;
      (7)   Beer and wine may only be served by licensed bartenders and servers and only beer and wine served by licensed bartenders and servers may be consumed;
      (8)   Beer and wine must be served in plastic or paper containers only for any outdoors serving areas;
      (9)   Uniformed security shall be present at the event and the cost for the security shall be paid by the event organizers. Security will be scheduled by the Park Department staff. Event organizers shall pay the security providers no later than the conclusion of the event;
      (10)   Beer and wine must be contained within a designated area. For any outdoor event, such area shall be clearly marked by signs and ropes or chains or barricades or fencing. At least two weeks prior to the event, event organizers shall submit to the Park Superintendent a written plan defining the area in which the beer and wine will be contained and explaining what methods of containment shall be used. The special use permit shall be ineffectual until the written plan is also approved; and
      (11)   The Park Superintendent has the right to approve or deny any request for beer and wine service at an event for any reason, and no permit for Schnelker Park will be issued if there exists a scheduled event at the elementary school adjacent to Schnelker Park.
   (B)   Use of a drug authorized by a medical prescription from a registered physician shall not be a violation of this section.
(Prior Code, § 96.03)  (Ord. G-8-74, passed 6-12-1974; Ord. G-86-7, passed 5-13-1986; Ord. G-16-03, passed 4-12-2016)  Penalty, see § 95.99