04-056-O

REPLACEMENT

ORDINANCE NO. __________


AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 8-22, PROHIBITING OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.

BY COUNCILOR NESS:

The city of Duluth does ordain:

     Section 1. That Section 8-22 of the Duluth City Code, 1959, as amended, be amended by adding a Section 8-22(g) to read as follows:

Sec. 8-22. Alcoholic beverages prohibited in public places; exceptions.

     (a)  No owner, manager or person having control of any public place shall serve, permit to be served or permit any person to drink alcoholic beverages in such place unless such place has been duly issued an on sale or temporary on sale license;

     (b)  No person shall mix, prepare, serve or consume alcoholic beverages in any public place except a hotel, club, restaurant or other place licensed to sell on the premises; provided, however, that the city council may, by resolution, permit the serving and consumption of alcoholic beverages in public places in connection with special events and convention functions subject to whatever conditions it deems desirable to impose;

     (c)  No person shall consume or have alcoholic beverages in his possession in any public place holding an on sale license unless such alcoholic beverages have been served to him by the licensee or an employee of such licensee;

     (d)  Except as provided in paragraph (f) of this Section, no licensee, manager or employee of any place for which any on sale license has been issued shall allow any patron to leave the licensed premises with any drink or open container of alcoholic beverages;

     (e)  Except as provided in paragraph (f) of this Section, no person shall leave any on sale licensed premises with any drink or open container of alcoholic beverages;

     (f)  Managers and employees of a restaurant licensed to sell intoxicating liquor or wine at on-sale under this Chapter may permit a person purchasing a full bottle of wine in conjunction with the purchase of a meal to remove the bottle on leaving the licensed premises provided that the bottle has been opened and the contents partially consumed;

     (g)  No person shall, within or on any public street, sidewalk, avenue, alley, trail or skywalk:

           (1)  Possess an opened container which contains and alcoholic beverage or an alcoholic beverage container with the seal broken unless:

                 (A)  An alcohol consumption permit has been issued for the area pursuant to Section 35-9(a)(4) or its successor; or

                 (B)  An on sale license has been issued for the area pursuant to Chapter 8 of this Code; or

                 (C)  The alcoholic beverage container is contained in a second container, which second container is not made from any paper or cardboard product, has an inside volume of one cubic foot or more, is securely closed, and is carried on the back, or in some other manner so that the carrier’s hands cannot reach the alcoholic beverage container inside it;

           (2)  Notwithstanding the foregoing, any person may possess an opened container of wine as authorized by Section 8-22(f), above, or its successor.

     Section 2. That this ordinance shall take effect and be in force 30 days from and after its publication.


STATEMENT OF PURPOSE:  This ordinance prohibits open containers of alcohol on streets, sidewalks, avenues, alleys, skywalks or trails.