(A) Malt beverages and unfortified wine; general prohibition. It shall be unlawful for any person to consume a malt beverage or unfortified wine on any public street in the town or any public place owned, occupied, or controlled by the town. It shall be unlawful for any person to possess an open container of malt beverage or unfortified wine on any public street in the town or any public place owned, occupied, or controlled by the town.
(B) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) FORTIFIED WINE. Any wine of more than 16% and no more than 24% alcohol by volume, made by fermentation from grapes, fruits, berries, rice or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.
(2) MALT BEVERAGE. Beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage except unfortified or fortified wine as defined by this section, containing at least 0.5% and not more than 15%, alcohol by volume.
(3) OPEN CONTAINER. A container whose seal has been broken or a container other than the manufacturer's unopened original container.
(4) PERSON. An individual, firm, partnership, association, corporation, other organizations or groups, or combination of persons acting as a unit.
(5) UNFORTIFIED WINE. Any wine of 16% or less alcohol by volume made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.
(C) Malt beverages and unfortified wine; exemptions. Notwithstanding any other provision of this section, upon obtaining the appropriate alcoholic beverages permits as required by law, possession and consumption of malt beverages or unfortified wine shall be permitted at (1) a golf course owned, occupied, or controlled by the town, (2) a convention center owned, occupied, or controlled by the town, and (3) with the written approval of the Town Manager and subject to any conditions identified by the Town Manager in the written approval, other property owned, occupied, or controlled by the town or public streets, alleys or parking lots which are temporarily closed to regular traffic for special events. Factors which the Town Manager shall consider when permitting the possession or consumption at an event or series of events to be conducted at property owned, occupied, or controlled by the town or public streets, alleys or parking lots which are temporarily closed to regular traffic for special events include, but are not limited to, (1) that the sponsoring organization is a community organization, (2) that the event or series of events is primarily not a fund raising event, (3) that the location and time for the event is appropriate, and (4) that the plans of the sponsoring organization relating to control of sale, crowd control, cleanup, and other public safety matters are adequate.
(1992 Code, § 98.09) (Ord. O-04-07109596, passed 7-10-1995; Ord. O-06-08129697, passed 8-12-1996; Ord. 08-O-, passed 9-8-2008)