(a) Definitions.
(1) Legislative findings. City Council hereby finds that the service or consumption in public places of beverages containing alcohol is an activity that could endanger the health, safety and welfare of the people of the city, that the municipality is empowered to regulate this activity; and that such activity shall be severely restricted in order to protect the health, safety and welfare of the people of the City.
(2) For the purposes of this article, unless the context clearly indicates otherwise, the following definitions shall apply:
A. "Alcoholic liquor" includes alcohol, spirits and any liquid or solid capable of being used as a beverage, but shall not include beer or wine.
B. "Beer" means all cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and containing not more than twelve percent alcohol by volume.
C. "Intoxicated" means having one's faculties impaired by alcohol or other drugs to the point where physical or mental control or both are markedly diminished.
D. "Nonintoxicating beer" means all cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and containing at least five-tenths percent (0.5%) alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or twelve percent by volume, whichever is greater, all of which are hereby declared to be nonintoxicating and the word "liquor" as used in this article shall not be construed to include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparation included within this definition.
E. "Person" means an individual, firm, partnership, limited partnership, corporation or voluntary association.
F. "Public place" means any place, building or conveyance to which the public has or is permitted to have access, including restaurants, soda fountains, hotel dining rooms, lobbies and corridors of hotels, and any highway, street, lane, park or place of public resort or amusement. "Public place" does not mean or include any of the above-named places or any portion or portions thereof which qualify and are licensed under the provisions of W. Va. Code, Ch. 60 or the Codified Ordinances to sell alcoholic liquors for consumption on the premises.
G. "Wine" means any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products, containing sugar. (WVaC 60-1-5)
(b) Generally.
(1) No person shall:
A. Appear in a public place in an intoxicated condition;
B. Drink alcoholic liquor, wine or beer or have an open container of alcoholic liquor, wine or beer in or on any public sidewalk, walkway, entranceway, street, lane or other public place;
C. Drink alcoholic liquor, wine or beer in a motor vehicle on any highway, street, alley or in any public garage. No person shall possess an open container of alcoholic liquor, wine or beer in a motor vehicle;
D. Tender a drink of alcoholic liquor, wine or beer to another person in a public place;
E. Possess alcoholic liquor in an amount in excess of one gallon, in containers not bearing stamps or seals of the state, without having first obtained written permission from the state; or
F. Possess any alcoholic liquor, wine or beer which was manufactured or acquired in violation of the laws of the state.
(2) No person shall, unless otherwise authorized by law:
A. Manufacture or sell in the city, without a state license to do so, any alcoholic liquor except as may be permitted by W. Va. Code ch. 60, art. 6 (W. Va. Code § 60-6-1 et seq.).
B. Aid or abet in the manufacture or sale of alcoholic liquor without a license, except as permitted by W. Va. Code ch. 60, art. 6 (W. Va. Code § 60-6-1 et seq.).
C. Adulterate any alcoholic liquor by the addition of any drug; methyl alcohol; crude, unrectified or impure form of ethyl alcohol; or other foreign or deleterious substance or liquor.
(3) Notwithstanding the provisions of subsections (b)(1) and (2) hereof, or any other section of this Code, the service and consumption of beer in a public place is strictly prohibited unless each of the requirements stated in subsections (b)(3)D.1. through 4. below are met:
A. The person intending to serve beer or allow the consumption of beer on his or her premises has obtained a permit specifically for that purpose from the City and State (West Virginia Alcohol Beverage Control Commission).
B. If the person obtaining the permit intends to serve beer, he or she shall have a valid nonintoxicating beer license from the state.
C. The person shall have a valid business license from the City and shall not be delinquent in any taxes or service fees due the City.
D. A permit application shall contain:
1. The applicant's name, address and other general information as the permit application shall require.
2. An accurate map or sketch showing all areas in which beer will be served and consumed.
3. A narration of the applicant's plan for enforcing the separation of drinking and nondrinking areas. The narration shall also include the applicant's plan for enforcing the observance of all applicable laws and to control the public consumption in order to avoid public intoxication and other nuisances.
4. The application shall have attached to it a certificate of insurance which must include not less than the following minimums: two million dollars ($2,000,000) in general liability coverage OR one million dollars ($1,000,000) premises liability coverage AND one million dollars ($1,000,000) alcohol liability coverage.
E. For any permit granted under subsection (b)(3)D. above, the following rules shall apply:
1. The permit must have been submitted not less than one (1) month prior to any event, festival, or show.
2. The duration of the permit shall not exceed fourteen (14) days.
3. No licensee under W. Va. Code, Art. 11-16, his, her, its or their servants, agents or employees shall sell, give or dispense, and no individual shall drink or consume, in or on any licensed premises or in any rooms directly connected therewith, nonintoxicating beer or cooler on weekdays, Monday thru Friday, and Saturday between the hours of 2:00 a.m. and 7:00 a.m., or between the hours of 2:00 a.m. and 1:00 p.m. on any Sunday, except in private clubs licensed under the provisions of W. Va. Code, Art. 60-7, where the hours shall conform with the hours of sale of alcoholic liquors;
4. The permit area shall not be located immediately adjacent to an established church or other place of worship that is at the time conducting a regularly scheduled worship service or other event.
5. The applicant shall not have been convicted of any felony or crime of moral turpitude.
6. The applicant shall assume all potential liability in writing and shall provide proof of insurance, see subsection (b)(3)D.4. above. As a condition to the issuance of a permit under this section, the applicant shall execute an agreement with the City which will hold the City harmless for any claim or suit arising out of the use of the permit.
7. The City, by and through its Parks and Recreations Committee, may add other conditions that are consistent with this article and the protection of the general health, safety and welfare of the public.
8. Within five (5) business days of a permit application being timely submitted, the Parks and Recreations Committee of the City shall review the permit application and make a decision either approving or denying the permit application, and if it is approved, said Committee shall consider any additional terms, conditions, and/or parameters that are reasonably necessary to promote the general health, safety, and welfare of the public. If all of the foregoing permit application requirements and rules, and any additional requirements that may be set forth in this section, are met, the permit shall be granted.
F. It shall be legal for adult persons to consume beer in public places if the beverage is consumed on the premises specified in an application filed with the City, and a permit has been granted pursuant to the application, unless otherwise prohibited by law.
G. Any applicant aggrieved by a decision on an application may appeal the decision to an appeal board created to determine such appeals. The board shall consist of five (5) members with one to be a City employee appointed by the administration, one to be a member of council and appointed by the council chairperson and three residents of the City to be appointed by the administration with council approval. The term of each appointee shall be three (3) years from the date of appointment. Persons serving on the board may be reappointed to two (2) additional terms.
1. All appeals shall be filed within thirty (30) days of the date of the decision. The board shall hear the aggrieved person's appeal and within fourteen (14) days of such hearing, it shall either affirm or reverse the administration's decision.
(c) Nonintoxicating Beer, W. Va. Code § 11-16-1 et seq.
(1) No person shall manufacture, sell, possess for sale, transport or distribute within the city nonintoxicating beer, except in accordance with the provisions of this division, and after first obtaining a City license, as provided for in this article.
(2) Nonintoxicating beer, as defined, may be sold in City parks and other City venues after prior approval of the Parks and Recreations Committee. This approval shall only be given after careful consideration and determination of said Committee that it would both be appropriate, and that said approval would serve a worthwhile purpose. Final permission shall be granted only after a satisfactory written agreement concerning the control of sales and cleanup after sales has been reached, and after the following conditions are met:
A. The sponsoring private club, officer or employee of said club or any other person or group, organization or entity, shall enter into a written lease with the City and provide proof of insurance as set forth in subsection (b)(3)D.4. above;
B. Sales and consumption of nonintoxicating beer shall be confined to a limited area within the City and restricted from minors. A drawing and written description of this area must be submitted to the City for approval;
C. The appropriate State and City licenses or permits shall be obtained by the private club, officer, or employee of said club, or any other person or group, organization, or entity to whom permission has been granted;
1. A permit fee of two hundred dollars ($200.00) must be paid to the City prior to any consideration for approval.
D. The park or other City venue shall be cleaned up at no expense to the City unless otherwise predetermined, which shall include a daily cleanup as well as a final cleanup at the conclusion of the event approved by either the City's Street Commissioner or their designee; and
E. Stands, tents, fencing, and the like, shall be removed from the park or other City venue within twenty-four (24) hours after the completion of the event.
(d) Whoever violates any provision of this section shall be guilty of a misdemeanor and fined not more than five hundred dollars ($500.00).
(Ord. 5-7-18)