§ 131.33 OPEN CONTAINER PROHIBITED.
   (A)   It shall be unlawful for any person to consume any alcoholic beverage or to mix or blend any alcoholic beverage with any other beverage, regardless of whether such beverage is an alcoholic beverage, in any public place, other than upon the premises of a licensed on-sale dealer, where such alcoholic beverages were purchased from such dealer for on-sale purposes. For the purpose of this section, PREMISES shall be defined as the building of the licensed on-sale dealer, or an area on the property of the on-sale dealer which is enclosed by a substantial enclosure.
   (B)   It shall be unlawful for any person to possess in any public place other than upon the premises of a licensed on-sale dealer, any glass, can, bottle, or other container, containing an alcoholic beverage on which the seal has been broken.
   (C)   It shall be unlawful for anyone to throw, cast, or otherwise put it motion any bottle, can, glass, or other container at any other person or vehicle, whether moving or parked, or to dispose of or deposit any bottle, can, glass, or other container upon any street, alley, highway, sidewalk, or park.
   (D)   For the purpose of this section, PUBLIC PLACE shall mean any place, whether within or without a building, commonly and customarily open to or used by the general public and any street, highway, alley, or sidewalk.
   (E)   Any group or organization wishing to sponsor an outdoor gathering at which alcohol will be consumed within the city may apply to the Common Council for permission to allow alcoholic beverages in a public place within the city. Application to the Common Council shall be made at least 30 days prior to the event, shall state specifically the location within the city in which alcoholic beverages are proposed to be consumed, and the specific time that the event will begin and end. The Common Council may, by a majority vote, grant permission to the group or organization for the consumption of alcoholic beverages in a public place at the location proposed and at the times proposed.
   (F)   A licensee that is licensed to sell wine on-sale may permit a customer to carry out the unconsumed portion of a bottle of wine if the customer purchased the bottle of wine from the licensee and consumed a portion of it with a meal that was prepared and served by the licensee at a table on the licensed premises. The licensee shall securely reseal the bottle of wine with a cork or other similar cap and place the bottle in a sealed bag or other container. The licensee shall also attach a receipt for the meal and the wine to the bag or container.
(Prior Code, § 130.10) Penalty, see § 131.99