A. Except as permitted in subsection C of this section, no person shall use or consume any alcoholic beverages, and no person shall have in his possession an open container of alcoholic beverage, while such person is in an automobile or other vehicle while the same is parked or operated on any public street, public alley or highway, or public place or area in the city, or while such person is on any public street, sidewalk, alley, highway, or public place or area in the city or public park; provided, however, that any alcoholic beverages purchased inside any structure or enclosed space (as described below) in the city from a person selling same lawfully at such place, in accordance with a special license therefor, may be consumed at such place. For the purposes of this section, "public place or area" shall include any outdoor dining area, patio, porch, entryway, alcove, or similar space that: 1) is open to the public; and 2) abuts any public street, sidewalk, alley, highway, or other public place or area in the city, unless such space is enclosed by a wall, fence, or other secure structure and capable of being completely closed to the public.
B. Possession of any alcoholic beverages in an open container in such prohibited places or areas designated in subsection A of this section shall give rise to the presumption that such beverage is being used and consumed by such person.
C. The use or consumption of alcoholic beverages and the possession of an open container of an alcoholic beverage shall be lawful and permitted as follows:
1. The consumption of alcoholic beverages in compliance with state law on the Whitefish municipal golf course and driving range as regulated by the Whitefish Lake golf club.
2. The consumption of beer and/or wine in any city park or park facility (except the beach area at city beach) in compliance with state law pursuant to a facilities permit issued to a private party or organization by the director of the parks and recreation department, or in his or her absence, an individual designated by the director.
The director of parks and recreation department may issue a permit allowing the consumption of beer and/or wine to adult sports teams represented by a private individual or organization for a single sports event or for a season, or to a private individual or organization pursuant to a facilities application. The director's refusal to issue such a permit may be appealed to the park board.
3. The consumption of beer and/or wine on any city property in compliance with state law pursuant to a special event permit issued by the city manager to: a) a private individual or organization not covered by subsection C2 of this section, or b) to an organization(s) sponsoring a community event that involves a neighborhoodwide or communitywide impact.
4. The consumption of alcoholic beverages in compliance with state law on the surface waters of Whitefish Lake, excluding the public area known as Whitefish city beach, the waters within two hundred feet (200') of Whitefish city beach, and the roped swimming areas and docks. Consumption of alcoholic beverages within Whitefish city beach and the adjoining city park shall be regulated pursuant to subsection C2 of this section. (Ord. 05-34, 1-3-2006)
D. Any person found to have been in violation of any of the terms and provisions of this section, or failing to comply with any of the mandatory requirements of this section, or failing to comply with the terms of a facilities permit issued pursuant to this section, shall be guilty of a misdemeanor, and shall be punished as set forth in the general penalty provision, section 1-4-1 of this code. Any such violation or failure shall also constitute a municipal infraction that shall be assessed pursuant to section 1-4-4 of this code. For each separate incident, the city shall elect to treat the violation as a misdemeanor or a municipal infraction, but not both. If a violation is repeated, the city may treat the initial violation as a misdemeanor and the repeat violation as a municipal infraction, or vice versa. In addition, any such person found by the director of the parks and recreation department to have been in violation of any of the terms and provisions of this section, or failing to comply with any of the mandatory requirements of this section, or failing to comply with the terms of a facilities permit issued pursuant to this section, shall, after notice and hearing, be prohibited from using the facility at which such conduct occurred for the remainder of the existing season, and for the following season. Prior to taking such action, the director of the parks and recreation department shall provide at least fifteen (15) days' written notice to such person, which notice shall identify the conduct complained of and shall notify such person of the proposed prohibition on the use of such facility. Such notice shall provide such person an opportunity for a hearing before the director of the parks and recreation department. Thereafter, the director of the parks and recreation department shall render a written decision, which may be appealed, in writing, to the board of park commissioners. (Ord. 09-20, 10-19-2009)