§ 91.02 LIQUOR IN PARKS AND BEACHES; PERMIT REQUIRED; NOTICE TO POLICE DEPARTMENT.
   (A)   Liquor in parks and beaches. 
      (1)   No person or persons shall display, consume or possess any intoxicating liquor, 3.2% malt liquor or intoxicating malt beverage within parking areas, roadways, sidewalks abutting or the grounds in general of Central Park, Cashman Park, Kaplan’s Woods Parkway and Archery Park on Elm Avenue in the city.
      (2)   Central Park, special events, temporary on-sale liquor license. A temporary on-sale liquor license may be issued to a qualified non-profit organization pursuant to § 113.052(E), during a special event sponsored by the city or such organization for which a park permit has been granted.
         (a)   Beer and wine. Sales of intoxicating beverages under the temporary license shall be limited to malt liquor (beer or ale) as defined in § 113.006, or wine as defined in § 113.025.
         (b)   On park premises. Persons may only consume or possess those intoxicating beverages on park premises sold by the holder of the on-sale temporary liquor license.
         (c)   Notice to police department. At the time of issuance of the temporary on-sale license for the event, the City Administrator shall send a notice of the date, time, and place of the event to the Chief of Police of the city for information and for guidance.
         (d)   Governing law. Temporary licenses issued under this section are subject to all the laws and ordinances governing the sale of intoxicating liquor.
(1992 Code, § 250:05)
   (B)   Permit required for large container of alcoholic beverages. Except in parks listed in division (A) above, alcoholic beverages may be carried into any park for consumption; providing that, for such purpose no container of greater than two-quart capacity shall be allowed without permit from the office of the Director of Parks, Recreation and Streets.
(1992 Code, § 250:10)
   (C)   Application for permit for large container of alcoholic beverages in park.
      (1)   Application for permit to have large container of alcoholic beverages in a park shall be made on the forms provided therefor, at least five days before the event, to the office of the Director of Parks, Recreation and Streets.
      (2)   An application fee of $10 and a $50 damage deposit shall accompany the application.
      (3)   If, in the opinion of the Director of Parks, Recreation and Streets, no extraordinary or unusual maintenance burdens result from the permitted activity, the surety deposit shall be refunded to permittee. The amount of the costs of any extraordinary maintenance shall be deducted from the surety deposit and retained by the city as reimbursement of those costs.
      (4)   A statement of any charges and costs shall be given to permittee with, or in lieu of, refund.
      (5)   Director of Parks, Recreation and Streets may deny subsequent permits to any applicant causing extraordinary or unusual maintenance costs.
(1992 Code, § 250:15)
   (D)   Notice to Police Department. At the time of issuance of permit for larger container of alcoholic beverages, a notice of time and place for which permit is issued shall be delivered to the office of the Chief of Police of the city for information and guidance.
(1992 Code, § 250:20)
   (E)   Glass beverage containers prohibited.
      (1)   Definitions. For the purpose of this division (E), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         CITY PARKS. Include: Minot Brown, Cashman, Central, Crocus, Dartt’s, Fremont, Gainey, Hammann, Jaycee, Kaplan’s Woods Parkway, Kelly, Manthey, Maple Creek Greenbelt, Mineral Springs, Morehouse, West Hills, Willow and Steele County Fairgrounds-Ball Diamonds and Park.
         GLASS BEVERAGE CONTAINER. All glass receptacles including bottles, jars and glass tumblers containing potable liquids, including intoxicating liquors, 3.2% malt liquors, soft drink beverages, fruit juices, dairy product drinks and excludes receptacles containing milk or baby formula used and possessed for the nursing of infants and receptacles containing prescription medications used and possessed by a person for whom such prescription is prescribed or possessed by a person caring for such person for whom the prescription medicine is prescribed.
         PERSON. Every individual, copartnership, corporation or association of one or more individuals.
      (2)   Prohibited acts. It shall be unlawful for a person to possess, bring, carry, scatter, dump, deposit, leave or have under his or her actual physical control a glass beverage container in or within a city park.
(1992 Code, § 250:25)
(Ord. 1361, passed 2-15-2005; Ord. 1572, passed 10-17-2017; Ord. 1618, passed 5-18-2021) Penalty, see § 91.99