(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INTOXICATING LIQUOR. Alcohol for beverages purposes, including alcoholic, spirituous, vinous, fermented, malt, or other liquors or combination of liquors, part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverages purposes containing in excess of 0.5% by
volume except for non-intoxicating beer as defined below. All beverages having an alcohol content of less than 0.5% by volume shall be exempt from the provisions of this chapter.
NON-INTOXICATING BEER. Any beer manufactured from pure hops or pure extract of hops and pure barley malt or other wholesome grains or cereals, unwholesome yeast, impure water, and free from all harmful substances, preservatives, and adulterants, and having an alcoholic content of more than 0.5% by volume and not exceeding 3.2% by weight.
PUBLIC PLACE. Any public street, highway, alley, sidewalk, thoroughfare, or other public way of the city, any public building, establishment, school, business, or parking lot generally opened to the public. PUBLIC PLACE will not include the inside of an establishment licensed to sell intoxicating liquor or non-intoxicating beer or a place allowed under this section.
(B) No person shall drink or ingest any intoxicating liquor or non-intoxicating beer in or on any public place.
(C) No person shall possess or have under his or her control any unsealed glass, bottle, can, or other open container of any type containing any intoxicating liquor or non-intoxicating beer while in or upon any public place.
(D) No person shall possess or have under his or her control any unsealed glass, bottle, can, or other open container of any type containing any intoxicating liquor or non-intoxicating beer while within or on any motor vehicle while the same is being operated upon, or parked or standing in or upon any public place. Any person operating a motor vehicle shall be deemed to be in possession of an open container contained within the motor vehicle he or she has control of whether or not he or she has actual physical possession of the open container.
(E) For purposes of prosecution under this section, contents in a manufactured container describing that there is intoxicating liquor or non-intoxicating beer therein need not be tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor or non-intoxicating beer in such container, but the burden of proof of such allegation is on such person as it shall be presumed that such container describing that there is intoxicating liquor or non-intoxicating beer therein contains intoxicating liquor or non-intoxicating beer.
(F) Consumption of intoxicating liquor or non-intoxicating beer as well as possession of open containers of said beverages shall be allowed on a permit basis at the only shelter house in the city and in the city owned park area immediately surrounding the shelter house, which consists of a rectangle with the approximate dimensions of 168 feet by 175 feet bordered on the east by Quail Road, the north by an unnamed road, the west by a field, and the south by a branch or creek. Permit shall be obtained from City Hall. All permits shall be signed by an adult who will be held responsible for the actions of anyone consuming intoxicating liquor or non-intoxicating beer under the permit. All permits shall be accompanied by a $5 fee and shall run concurrently with the reservation of the shelter house and shall be for no more than one day. Possession of a permit does not allow the permit holder or any member of his or her party to violate any local, state, or federal law.
(Prior Code, § 210.470) (Ord. 169, passed 9-3-1973; Ord. 306, passed 12-5-2000; Ord. 472, passed 3-1-2023) Penalty, see § 130.999