(a) Alcoholic beverages in public areas.
(1) Regulations. It shall be unlawful for any person to sell, serve, or give away, or offer to sell, serve, or give away, any alcoholic beverage upon any public street, sidewalk, alley, public parking lot, highway, cemetery, or drives, or other public area within the village or on private property without the owner’s consent, except at licensed premises. It shall be unlawful for any person to drink, consume, transport, carry, or possess any intoxicating liquor, wine, or fermented malt beverage, except in the original package and with the seal unbroken, either in or out of a vehicle of any of the following places.
a. Any village owned or controlled parking lot.
b. Any public street, highway, alley, sidewalk, or other similar place within the village.
c. Any privately-owned parking lot, driveway, or lot used for vehicular traffic with the express or implied permission of the owner for public use thereof.
d. Any grounds under the control of the Village School District, and the grounds of any church or other institution frequented by the public.
e. Any recreation area or park normally under the control of the village, and/or its designated officers.
(2) Private property held out for public use. It shall be unlawful for any person to consume any alcohol beverages upon any private property held open for public use within the village unless the property is specifically named as being part of a licensed premises.
(3) Leaving licensed premises with open container.
a. It shall be unlawful for any licensee, permittee, or operator to permit any patron to leave the licensed premises with an open container containing any alcohol beverage.
b. It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcohol beverage.
(4) Exceptions.
a. The provisions of this section may be waived by the Village Board for duly authorized events.
b. Any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area pursuant to this code of ordinances, provided that the provisions of this chapter and Title 7, Chapter 2, are fully complied with.
(b) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ALCOHOLIC BEVERAGE. All ardent, spirituous, distilled, or vinous liquors, liquids, or compounds, whether medicated, proprietary, patented, or not, and by whatever name called, as well as all liquors and liquids made by the alcoholic fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated or degerminated grains or sugar, which contain one-half of 1% or more of alcohol by volume and which are fit for use for beverage purposes.
PUBLIC AREA. Any location within the village which is open to access to persons not requiring specific permission of the owner to be at such location, including all parking lots serving commercial establishments.
UNDERAGE PERSON. Any person under the legal drinking age as defined by the state statutes.
(Prior Code, § 11-4-1)
Cross-reference:
Restrictions on temporary fermented malt beverage or wine licenses, see § 7-2-16