§ 114.38 CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC WAYS PROHIBITED.
   (A)   It is hereby declared to be an offense for any person to consume alcoholic beverages upon any public street, public park, public athletic field, alley, sidewalk or easement granting a right-of-way to the public, parking lot open to the public, within the corporate limits of the city.
   (B)   When alcoholic beverages are sold by a licensed seller for consumption in an outdoor area adjoining an enclosed restaurant area where alcoholic beverages are sold and served, such outdoor service shall be provided and alcoholic beverages shall be consumed only within a clearly delineated area whose limits are marked by a fence or other structure clearly defining the area within which beverages may be served. Beverages served in such defined area may not be removed from that area into any parking lot, public right-of-way or other non-delineated area.
   (C)   Alcoholic beverages sold and delivered within a licensed premises or a delineated outdoor area may not be removed from the premises or the delineated area, but must be consumed thereon. This shall not prohibit the sale on licensed premises of alcoholic beverages for consumption off the premises if the respective license permits such sale.
   (D)   The prohibitions of this section may be waived by the city council upon application made. Such waiver by the city council shall be subject to such conditions as the council may specify.
(Ord. 87-47, passed 11-17-87; amend. Ord. 90-13, passed 6-19-90) Penalty, see § 114.99