(A) Generally.
(1) Except as provided by this section, it shall be unlawful for any pedestrian to consume malt beverages or unfortified wine on any city street, and it shall be unlawful for any person to possess an open container of malt beverages or unfortified wine on any property owned, occupied or controlled by the city.
(2) It shall also be unlawful to possess malt beverages and unfortified wine on any street, alley or parking lot which is temporarily closed to regular traffic for a special event unless the resolution of the City Council closing the street, alley or parking lot makes other provisions for the possession of malt beverages or unfortified wine.
(3) An open container is one the seal of which has been broken or a container other than the manufacturer’s unopened original container.
(B) Sidewalk cafés. Notwithstanding any other provisions of the city code, the sale, possession and consumption of alcoholic beverages shall not be a violation of division (A) above, provided the owner/operator of the sidewalk café has applied for and been granted a permit to operate a sidewalk café, and that permit is in effect and all the terms and conditions of the permit are being complied with; further, it shall not be a violation of division (A) above for customers of a permitted sidewalk café to possess and consume alcoholic beverages on that portion of a sidewalk that is covered by an active permit for that sidewalk café.
(1997 Code, § 131.01) (Ord. passed - -; Ord. 2010-23, passed 11-9-2010) Penalty, see § 131.99