§ 66-3. Allowing possession or consumption of alcoholic beverages.

(a)

No commercial or light industrial property owner shall allow any person to possess an open or unsealed container or consume alcoholic beverages 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. However, the distribution or sale of alcoholic beverages in conjunction with a special event permit may be permitted at the discretion of and under the strict regulation and control of the village council.

(b)

Notwithstanding subsection (a) of this section, the village council may permit the possession and consumption of alcoholic beverages outside of commercial or light industrial establishments when approved as part of a site plan or as a special exception or in conjunction with a special event permit as described above.

(c)

It is unlawful for any owner, agent, or employee of a business, licensed to sell beer, wine, liquor or other alcoholic beverages within the village, to knowingly allow any person to take from the licensed premises any opened or unsealed container.

(d)

Enforcement and penalties. It shall be unlawful for any person to violate this section. Violations of this section may be enforced in accordance with chapter 2, Code enforcement Procedures, by the issuance of a code enforcement citation or notice of violation to the owner of the commercial or industrial property. If a citation is issued, the fine shall be $200.00 for the first violation and $500.00 for any repeat violation unless otherwise set by resolution or the special magistrate. Each day of violation shall be considered a separate offense. Further, any violation 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, cease and desist orders, other administrative action and requests for temporary and permanent injunctions to enforce this section. It is the purpose of this subsection to provide additional cumulative remedies to the village to enforce this section.

(Ord. No. 2013-06, § 5, 2-28-2013)