(A) It shall be unlawful for any person in any motor vehicle to possess, to have readily accessible or to transport, or to allow others to possess, to have readily accessible or to transport any open container containing any alcoholic beverage, or any mixture containing an alcoholic beverage, while the motor vehicle is upon a highway within the town.
(B) Open containers on public streets, areas prohibited. It shall be unlawful for any person to serve, drink, consume or possess an open container of alcoholic beverage on the premises outside of or on any street, alley, sidewalk, park, deck, walkway, municipal or governmental property or parking area open to the general public and located within 100 yards of any building containing an establishment open to the general public, not including any building customarily used for residential purposes within the town.
(C) Loitering outside establishments. No person shall loiter, mill, stand or sit on the premises outside of or on any streets, alleys, sidewalks, parks, decks, walkways, municipal or governmental property or parking areas open to the general public and located within 100 feet of any building containing an establishment which is licensed by the state or any administrative agency of the state to sell alcoholic beverages. Nothing in this section shall be construed to apply to any building or premises customarily used for residential purposes.
(D) The provisions of divisions (B) and (C) above may be waived in accordance with § 115.06(C)(5) provided; however, that under no circumstances may the provisions of division (A) above be waived.
(2000 Code, § 6-64) (Ord. 87-06, passed 1-26-1988; Ord. 2013-08, passed 9-24-2013) Penalty, see § 111.99