§ 8-22. Consumption and possession of alcoholic beverages on city property.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverage means alcohol or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.

City property means any and all parks, buildings, grounds, passageways, city utility locations and facilities, storage and parking lots, barns, warehouses, offices, all streets, roadways, alleys and all premises owned, leased, occupied or controlled by the city.

(b)

Unlawful to consume or possess alcoholic beverages on city property. It shall be unlawful for any person at any time to consume any alcoholic beverage on city property, or for any person to possess any alcoholic beverage on city property for the purpose of consuming the same on city property.

(c)

Prima facie evidence of violations. The possession by any person of an open container of alcoholic beverage on city property shall be prima facie evidence that such possession is for the purpose of consuming same on city property.

(d)

City parks are exceptions. The provisions of this subsection shall not apply to the sale, possession and/or consumption of alcoholic beverages within the confines of city park premises where such alcoholic beverage was legally sold, possessed and/or consumed under a current and valid permit, duly issued by the city manager or his designee, upon his having been duly authorized thereunto by the city council, permitting the holder thereof to sell, possess and/or consume alcoholic beverages on the premises of city park grounds, and where such alcoholic beverage was sold, possessed and/or consumed within the period shown on said permit, and entirely within the confines of such premises. Such permit may, in the discretion of the city council, restrict such sale, possession and/or consumption of alcoholic beverages, to specified portions of such park premises as well as to certain periods of time, and to any other limitations thereon that shall, in the discretion of the city council, be deemed necessary for the maintenance of public health, safety and/or the maintenance of public property.

(e)

Conditions for issuance of permit for alcoholic beverages in city parks. The city council shall authorize the city manager to issue such permit for sale, possession, and/or consumption of alcoholic beverages on the premises of city parks, only upon the following conditions:

(1)

Application therefor must have been filed not less than 30 days prior to the time of making such sale or use.

(2)

Each and every such application must be first presented to, and specifically authorized by the city council at a duly called meeting of the city council, and the action taken to be duly entered in the minutes of said council.

(3)

The applicant must have paid the regular state and city license or permit fee as specified in section 8-19. No additional fee shall be charged by the city for the permit to use a city park.

(4)

The applicant must provide proof of liability insurance with coverage up to $500,000.00. This insurance policy must be received and accepted by the city before the issuance of any permit.

(Code 1990, ch. 1, § 10(C)(1)—(6); Ord. of 6-1-1965; Ord. of 8-3-1976; Ord. of 3-1-1977; Ord. of 5-6-1986; Ord. No. 93-02, 1-5-1992; Ord. No. 2012-01-10-01, § I, 1-10-2012)