§ 4-106. Consumption in other public places.

(a)

Nothing in this article shall be construed to permit consumption of any intoxicating beverages in any public place in the city other than within the definite, closed-in or partitioned location, whether room or building, wherein pouring takes place, except for permitted caterers, sidewalk cafes, or right-of-way cafes, or city-sanctioned event.

(b)

No bottle or other containers of alcoholic beverages shall be opened or consumed by any person on the premises upon which the place of business is conducted and licensed under this chapter, whether the bottle or container so opened or consumed was bought or obtained at the place of business or elsewhere, unless the premises is licensed under this chapter for consumption on the premises, except in the case of those places of business which are licensed for a wine specialty shop. These businesses may also allow sampling of wines so long as there is no charge for admittance for the wine sample and the serving size does not exceed one and one-half (1½) ounces.

(c)

An establishment licensed under this chapter to sell alcoholic beverages shall not allow any person to leave such licensed premises with any alcoholic beverage in an open cup, bottle, can or other open container.

(d)

This section shall not apply to city-sanctioned events. A city-sanctioned event is an event which is approved by a vote of the mayor and city council, or an event for which permit is granted to any board of the city, or downtown development authority.

(e)

Establishments licensed to sell growlers may offer samples under the following guidelines:

(1)

Growler malt beverage sampling shall be on limited occasions when a customer requests a sample of a growler malt beverage offered for sale within the premises.

(2)

Growler malt beverage tasting for customers shall only be conducted at a counter area constituting no more than ten (10) percent of the entire floor area of the premises.

(3)

Growler malt beverage sampling for customers shall be limited to no more than one (1) time per day per customer. Samples shall not exceed two (2) ounces, and no customer shall consume more than eight (8) ounces in any two-hour period.

(4)

Only the licensee or an employee shall open, handle, and serve growler malt beverages, and samples shall only be poured by the licensee and/or an employee.

(5)

No open growler containers shall be removed from the licensed premises.

(Ord. No. 81-05, § I, 10-6-05; Ord. No. 20-14, § 1, 6-19-14; Ord. No. 22-15, § 1, 7-2-15)