§ 66-2. Possession or consumption of alcoholic beverages on public and semi-public property; sale and distribution by concessionaires.

(a)

No person shall possess an open or unsealed container at any time on public property or consume alcoholic beverages at any time on public property, including, but not limited to, rights-of-way, parks, playgrounds, recreational facilities, public buildings or other property owned or controlled by the village unless authorized by the village or by an applicable local or state law, regulation, license, permit or other written government authorization. However, the distribution or sale of alcoholic beverages by a concessionaire may be permitted at the discretion of and under the strict regulation and control of the village council. Therefore, any person who possesses an open or unsealed container or consumes an alcoholic beverage in accordance with the concessionaire's authorized distribution and sale is exempt from this subsection.

(b)

Notwithstanding subsection (a) of this section, the village manager or his designee may permit the possession and consumption of alcoholic beverages by individuals and guests of persons renting village owned facilities. As a prerequisite to such permission, the village manager may require other reasonable conditions, including, but not limited to, a damage deposit and the hiring of one or more off-duty public safety officers.

(c)

No person shall possess an open or unsealed container at any time when located on a commercial or industrial establishment parking lot or outside area unless authorized by the village or by an applicable local or state law, regulation, license, permit or other written government authorization.

(d)

The distribution or sale of an alcoholic beverage by a concessionaire on private or semi-public property may be permitted upon the village's approval of a special permit which shall require a site plan approval and conditions of approval. Therefore, any person who possesses an open or unsealed container or consumes an alcoholic beverage in accordance with the concessionaire's special permit is exempt from this section.

(e)

Enforcement and penalties. It shall be unlawful for any person to violate this section. Violations of this section may be prosecuted by the village in county court as a misdemeanor of the second degree and punished by a fine of not more than $500.00 and/or imprisonment in the county jail for not more than 60 days. The village shall also be entitled to take any other appropriate legal action, including, but not limited to, code enforcement, cease and desist orders, other administrative action and requests for temporary and permanent injunctions to enforce the provisions of this section. It is the purpose of this subsection to provide additional cumulative remedies to the village to enforce this section.

(Code 1994, § 54-1; Ord. No. 2013-06, § 4, 2-28-2013)

Note— See the editor's note to § 66-1.

Cross reference

Alcoholic beverages, § 14-61 et seq.