(A) The City Council has determined and found, based upon a study by the Police Department, that consumption of alcoholic beverages in city parks and other city-owned property including streets, alleys and sidewalks, and in and on other publicly owned and/or used property, have created disproportionate burdens on the responsibilities of the Police Department and other departments of the city through abnormally high noise levels, traffic control, litter and public nuisance, all to the detriment of the public health, safety and welfare.
(B) It shall be unlawful for any person to consume alcoholic beverages or possess unsealed alcoholic containers:
(1) In or upon any of the streets, sidewalks, alleys, public parks or other publicly owned property within the city without first securing a written permit from the Chief of Police or without being a member or guest of an organization which has secured a permit; or
(2) Upon private property of another without the permission of the owner of the private property.
(C) The Chief of Police may, at his or her discretion, designate certain events and locations on public property where alcoholic beverages may be possessed and consumed without first having obtained a permit.
(D) An application for a permit to possess, serve or consume alcoholic beverages in or upon any street, sidewalk, alley, city park, or other public property, or any private property open to the public wherein alcohol may be served or sold, shall be made no later than three days prior to the date upon which the activity is to take place.
(E) (1) Before issuing the permit, the Chief of Police shall satisfy himself or herself that the public peace, safety, health and general welfare will not be endangered or jeopardized by the issuance of the permit. The Chief of Police may impose conditions upon the issuance of the permit to insure that the activity will be compatible with the preservation of the public peace, safety, health and general welfare.
(2) The Chief of Police may consider any relevant factual material in determining whether to issue the permit. If the Chief of Police finds that the issuance of the permit will, in his or her opinion, endanger or jeopardize public peace, safety, health and the general welfare, the issuance shall be denied.
(F) The permit so issued shall be good for the period of time as prescribed by the Chief of Police.
(G) The Chief of Police shall have the authority, and the authority is hereby given to him or her, to revoke the permit at any time if the activity being conducted under the permit is conducted in the manner that the Chief of Police deems it to be detrimental to the public peace, safety, health and general welfare.
(H) The permittee shall have a copy of the permit in his or her possession and shall produce the permit upon a request made by the Chief of Police or any of his or her representatives.
(I) The permittee shall be responsible for and shall pick up, remove and place in a designated garbage can or waste removal container all cans, bottles and other debris which permittee and those persons with permittee, or drinking alcoholic beverages pursuant to permittee’s permit, have brought to the location authorized by the permit.
(J) Any person, society, lodge, organization or corporation violating any of the provisions of this chapter shall be deemed guilty of an infraction as defined herein.
(K) Any applicant may appeal the denial of a permit by the Chief of Police to the City Manager. An appeal from the decision of the City Manager may be made by requesting in writing that the matter be heard by the City Council at the next available regular meeting.
(`61 Code, § 19.60) (Ord. 822, passed 6-5-1990; Am. Ord. 1011, passed 6-7-2011)