Subject to the requirements and restrictions indicated herein and notwithstanding anything to the contrary in Chapter 112, licensees may sell beer in its original aluminum can containers outside the licensed premises from 2:00 p.m. until 12:00 a.m. (i.e., midnight) on the last Saturday of June commencing in 2016 in the area specified in division (F) of this section.
(A) Boundaries of the Festival Garden. This license shall apply only to the following area which shall be commonly known as the Festival Garden:
(1) Mason Street from the eastern right of way of Division Avenue to the western right of way of Jefferson Avenue; and
(2) Franklin Avenue from the southern line of the alley to the south of the United States Post Office to the northern line of the alley to the south of the bank building on the southwest corner of Franklin Avenue and Mason Street.
(B) Sales of beer only in the Festival Garden. Only beer in its original aluminum cans shall be sold by a licensee in the Festival Garden.
(C) Sales of alcoholic liquor inside licensed premises. Persons who legally purchase beer, wine or other alcoholic liquors may consume those beverages in the Festival Garden provided the beverages are in aluminum, paper or plastic containers. No glass containers shall be permitted in the Festival Garden.
(D) Age. No person under the age of 21 shall purchase, attempt to purchase, possess or consume any beer, wine or other alcoholic beverage upon either licensed premises, the Festival Garden or other premises controlled by the licensee during the license period.
(E) Wrist band required. No beer or other alcoholic beverage may be possessed and/or consumed by any person in the Festival Garden unless the person has obtained and is wearing a wrist band which was issued by the licensee. The licensee shall be responsible for checking the age and identity of all persons requesting a wrist band and shall refuse to issue a wrist band to anyone who is not at least 21 years of age.
(F) Outside sales within boundaries of Festival Garden. Outside sales of beet-shall be authorized only at a location on North Franklin Avenue just North of Mason Street during the hours stated in this section.
(G) End time. No person shall possess or consume any alcoholic beverage after 1:00 a.m. in the Festival Garden.
(H) Vacating premises. No person other than a licensee or employee of the licensee shall remain within the licensed establishment beyond the time currently provided by ordinance.
(I) Licensee, employees, agents. At no time while the licensee or his employees or agents are upon the premises for the purpose of operating, controlling, maintaining or cleaning the premises or the Festival Garden shall the licensee or employee or agent consume, sell, transfer, distribute or give away any alcoholic beverage. No licensee, employee or agent of a licensee shall permit any other person to remain on the licensed premises or the Festival Garden beyond the closing hours specified herein.
(J) Law enforcement. Any duly authorized representative of a licensee and all sworn law enforcement officers having jurisdiction, including but not limited to, the City of Polo, County of Ogle and State of Illinois, are hereby empowered to remove any person from either the licensed premises or Festival Garden where such officer or agent has probable cause to believe that such person may be under the influence of intoxicating beverages.
(K) Other rules, regulations and restrictions. The foregoing provisions herein shall be subject to such other rules, regulations and restrictions as the Local Liquor Control Commissioner deems necessary to govern the use of the Festival Garden.
(L) City Council intent. It is the intent of the City Council that the Liquor Code be liberally construed for the express purpose of fulfilling the intent of allowing the sale of beer in the Festival Garden and the consumption of alcoholic beverages therein provided that no person under the age of 21 years of age shall purchase, attempt to purchase, possess or consume any beer or other alcoholic beverage in the Festival Garden, the licensed premises or other premises controlled by the licensee during the license period.
(M) Under-age persons. Persons of any age are authorized to be present in the Festival Garden provided, however, no persons shall be permitted to be in licensed establishments unless otherwise permitted by the Polo Code of Ordinances.
(N) Validity of other ordinances. Unless specifically excepted within this section, all of the terms and provisions of the Polo Code of Ordinances remain in full force and effect.
(Ord. 15-14, passed 11-2-15)