529.07 OPEN CONTAINER PROHIBITED.

   (a)   No person shall have in his possession or control an opened bottle or container, containing intoxicating liquor, beer or wine upon or within any City owned or maintained park or park premises.

   (b)   No person shall consume, sell or give away, any intoxicating liquor, beer or wine from an opened bottle or container within or upon any City owned or maintained park or park premises. (Ord. 82388. Passed 3-24-71.)

   (c)   No person shall have, in his possession, an open container of intoxicating liquor or beer in any public place.

   (d)   For the purposes of this section, the following definitions shall be applicable:

      (1)   "Vehicle" means all means of transportation by land, by water or by air, and everything made use of in any way for such transportation as set forth in Ohio R.C. 4301.01(A)(3);

      (2)   "Public place" means:

         A.   Every way, place and piece of property in public or private ownership used for the purpose of vehicular traffic or parking by the general public having expressed or implied permission from the owner;

         B.   Any public park, playground, school, athletic stadium, or other property in public ownership and the attached grounds, thereof;

         C.   Any mall, plaza, arena, shopping center or attached grounds thereof;

         D.   Any public street, highway, alley, freeway, thruway or sidewalk;

         E.   Any amusement park, playhouse or theatre and the attached grounds thereof.

      (3)   "Open container" means any open can, bottle, glass, flask, canteen or any other unsealed container.

   (e)   Subsections (a) through (d) hereof do not apply to the following:

      (1)   Intoxicating liquor which has been lawfully permitted for the consumption on and within the premises where bought of a holder of an A-lA, A-2, D-2, D-3, D-3A, D-4, D-5 or D-5A permit;

      (2)   Association of ten or more persons, labor unions, charitable organizations or to an employer of ten or more persons sponsoring a function for his employees who hold an F permit in compliance with Ohio R. C. 4304.20, issued for a special function of a social, recreational, benevolent, charitable fraternal, political, patriotic or athletic purpose excluding any function the proceeds of which are for profit or gain of any individual.

         (Ord. 88725. Passed 11-27-74.)