(A) Consumption and possession unlawful. It shall be unlawful for any person to either consume or drink any alcoholic liquor or beverage, or, alternatively, possess any alcoholic liquor or beverage not in its unopened or uncapped package, while upon any public street, public alley, public sidewalk or public parking lot within the corporate limits of the city.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PACKAGE.
(a) Any bottle, flask, jug, can, cup, cask, barrel, keg, hogshead other receptacle or container whatsoever used to contain and to convey any alcoholic liquor or beverage.
(b) A PACKAGE shall be considered unopened or uncapped if:
1. Corked or capped, sealed and labeled by the manufacturer of the alcoholic liquor or beverage; or
2. The seal or other method of closure is broken, but is resealed, recapped or closed preventing its consumption without again breaking the seal or otherwise opening the package.
(c) A cup or glass designed for drinking beverages shall not be considered unopened or uncapped irrespective of the purported method of resealing, recapping or closure.
PUBLIC ALLEY. A public way within a block, generally giving access to the rear of lots or buildings and not used for general traffic circulation.
PUBLIC PARKING LOT. Any place available to the general public or the customers of a place, establishment or business open to the general public, whether or not publicly owned, used for the standing of a vehicle, whether occupied or not.
PUBLIC SIDEWALK. The portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians, and also including any grassways or other areas between that portion of a street actually improved, designed and used for vehicular traffic and the adjacent property lines not subject to a right-of-way
PUBLIC STREET. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(C) Exception. This section shall not apply to real estate owned, operated and controlled by the Quincy Park District. This section shall not apply in or on any public street, public alley, public sidewalk or public parking lot when a permit has been issued by the Mayor and city authorizing the drinking, consumption or possession of alcoholic liquor or beverages on the same. The permit shall be limited to the duration prescribed in the permit and shall apply only to those public streets, public alleys, public sidewalks or public parking lots, or portions thereof, specifically described in the permit. Applications for the permit shall be made to the City Clerk and referred to the Mayor and City Council. No permits shall be issued except with the approval of both the Mayor and City Council.
(D) Permitting open liquor to leave licensed premises.
(1) It shall be unlawful for any licensee or his or her agents to leave or allow another to leave the licensed premises while in possession of an open container of an alcoholic beverage.
(2) The licensee shall post a sign at each exit. This sign shall not be less than eight inches by ten inches and shall be bold and easily read letters. The sign shall read as follows:
NO PERSON SHALL LEAVE THIS ESTABLISHMENT WITH AN UNSEALED CONTAINER CONTAINING AN ALCOHOLIC BEVERAGE. PERSONS DOING SO ARE SUBJECT TO ARREST.
(1980 Code, § 18.039) Penalty, see § 111.999