§ 110.05. Possession of open containers.

(a)

(1)

It shall be unlawful for anyone to consume or possess open containers of beer, wine, alcoholic beverages or intoxicating liquors off the premises of an establishment dealing in alcoholic beverages, or a bottle club, which are licensed as such, and within 500 feet of the premises, except within closed buildings or on premises occupied solely by residential structures. The distance set forth in this section shall be measured from the shortest route of ordinary pedestrian travel along public thoroughfares from the principal entrance of the establishment dealing in alcoholic beverages, or bottle club, to the location of the violation of this section.

(2)

Each establishment dealing in alcoholic beverages and each bottle club shall, at all times when such establishment is open to the public or is dispensing or selling alcoholic beverages, have located in the interior as well as the exterior portions of the building licensed for sale of such beverages, where it can be readily seen and read by customers of the establishment, a sign prominently displayed of a size at least one foot by two feet containing the following information:

IT IS UNLAWFUL TO CONSUME OR POSSESS ALCOHOLIC BEVERAGES WITHIN 500 FEET OF THIS ESTABLISHMENT AND OFF OF THESE LICENSED PREMISES.

(3)

The city manager shall prescribe by rule the location of the signs and the size of the lettering following as his guideline the criteria set forth above. It shall be unlawful for the owner of any establishment dealing in alcoholic beverages or any bottle club to fail to comply with this section or for any person to sell, dispense or serve alcoholic beverages in any establishment which is not in compliance with this section. The requirement of this section shall apply to all establishments dealing in alcoholic beverages and bottle clubs, whether or not they are licensed or become licensed in the future.

(b)

This section shall not apply to:

(1)

Any person engaged in picking up empty beverage containers for the purpose of collecting the deposit or value of the bottle or can itself, nor to any person taking part in a litter control campaign.

(2)

The possession of any open container by any licensed distributor or licensed vendor of alcoholic beverages, provided that the alcoholic beverage is being transported solely for commercial purposes.

(3)

The transportation of any open container of alcoholic beverage in or on any motor vehicle, provided that the container is in a compartment of the vehicle not readily accessible to the driver or passengers, such as a locked (not merely latched) glove compartment, trunk, or other non-passenger or nondriver area of the motor vehicle.

(4)

The transportation of any open container or consumption of alcoholic beverage in or on any motor vehicle duly licensed and operated for hire to transport passengers, such as charter buses, regularly scheduled buses, taxicabs, and the separate passenger compartments of limousines; provided the operator thereof is duly licensed and operating within the scope of his employment, and is not in immediate possession of, or engaged in the consumption of, any alcoholic beverage or open container of alcoholic beverage. The operator must have in his possession evidence of employment by a bona fide chauffeur service, limousine service, taxicab company, or bus company.

(Ord. No. 06-107, 9-25-06; Ord. No. 17-51, § 2, 8-14-17)