No person shall consume or offer to another
for consumption alcoholic beverages in, on or upon any public street,
road, alley, sidewalk, park or playground or in, on or upon any land
or building owned or occupied by the federal, state, county or municipal
government, including the Board of Education.
No person shall consume alcoholic beverages
or offer to another for consumption any alcoholic beverage in, on
or upon any place to which the public-at-large is generally invited;
provided, however, that nothing herein shall be construed to prohibit
the consumption or sale of alcoholic beverages within the licensed
premises of a plenary retail consumption liquor license.
No person shall have in his possession or possess
any alcoholic beverage in, on or upon any public street, road, alley,
sidewalk, park or playground or in, on, or upon any land or building
owned or occupied by a federal, state, county, or municipal government
unless the same is contained within a closed or sealed container.
No person shall have in his possession or possess
any alcoholic beverage in or upon any place to which the public-at-large
is generally invited, unless the same is contained within a closed
or sealed container; provided, however, that nothing herein shall
be construed to prohibit the possession of alcoholic beverages within
the licensed premises of a plenary retail consumption liquor licensee.
Any person who shall violate any provision of
this article or fail to comply therewith shall, upon conviction in
the Municipal Court of the City of Linwood, be subject to a fine not
exceeding $1,000 or imprisonment in the county jail for not more than
90 days or a period of community service not to exceed 90 days, or
any combination of the foregoing.
The auction procedures shall be set forth in
a resolution to be adopted by the Mayor and City Council of the City
of Linwood.
A.
Before any licensee to whom a license has been issued
shall start doing business for the period of time for which the license
has been issued, the licensee shall enclose the license in a suitable
frame having clear glass space and substantial backing, so that whole
such license may be seen therein. The license thereupon shall be so
posted and at all time displayed in a conspicuous place in the main
or principal room where the licensee’s business is being carried
on so that all persons visiting such place of business may readily
see the same.
B.
It shall be unlawful for any person holding such license,
servant, agent or employee to post the license or permit the same
to be posted upon premises other than the premise licensed or upon
premises where traffic in alcoholic beverages is being carried on
by any person other than the licensee, his servant, agent or employee.
No licensee shall sell, serve, deliver or allow,
permit or suffer the sale, service or delivery of any alcoholic beverage,
directly or indirectly, to any person actually or apparently intoxicated
or allow, permit or suffer the consumption of any alcoholic beverage
by any such person upon such licensed premises.
[Added 9-26-2018 by Ord.
No. 19-2018]
The prohibitions contained in this chapter shall not apply to
the consumption of alcoholic beverages purchased or distributed in
accordance with the approval and lawful issuance by the Common Council
of the City of Linwood of an alcoholic beverage permit for a special
City affiliated, nonprofit event; provided, however, that:
A.
Such beverage shall be limited to beer or wine only and the beverage
or container shall have been purchased at the event or distributed
by the event sponsor;
B.
It shall be possessed solely for consumption on specified public
lands within the geographical boundaries of the location of the event
or within such more-limited area as may be prescribed by the terms
of the permit or the rules and regulations established by the event
sponsor;
C.
It shall be possessed only within the time limits established by
the permit, which time shall be limited from 12:00 noon until 10:00
p.m. on the date of the event; and
D.
All other conditions of the permit are being satisfied.
