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(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
Adequate written evidence of age and identity of the person is a document issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces. Proof that the defendant-licensee, or his employee or agent, demanded, was shown and reasonably relied upon such written evidence in any transaction, forbidden by this section is competent evidence and may be considered in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
(Ord. 87-47, passed 11-17-87)
No person under the age of 21 years shall present or offer to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent or not actually his own for the purpose of ordering, purchasing or attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage.
(Ord. 87-47, passed 11-17-87)
No person under the age of 21 years shall have any alcoholic beverage in his possession on any street or highway or in any public place open to the public. This section shall not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment.
(Ord. 87-47, passed 11-17-87)
(A) No person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall purchase or accept a gift of such alcoholic liquor or have such alcoholic liquor in his possession.
(B) If a licensee or his agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of the prospective recipient, he shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties.
(Ord. 87-47, passed 11-17-87)
(A) No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this section. The consumption of alcoholic liquor by any person under 21 years of age is forbidden.
(B) The possession and dispensing, or consumption by a person under 21 years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under 21 years of age under the direct supervision and approval or the parents or parent or those persons standing in loco parentis of such person under 21 years of age in the privacy of a home, is not prohibited by §§ 114.38 - 114.44.
(Ord. 87-47, passed 11-17-87)
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