Chapter 9.20
INTOXICATING LIQUOR
9.20.010 Intoxicating liquor defined.
9.20.020 Drinking upon streets.
9.20.030 Drinking upon sidewalks.
9.20.040 Violations and penalties.
9.20.050 Temporary exemptions.
9.20.010 Intoxicating liquor defined.
"Intoxicating liquor," for the purpose of this chapter, means any and all liquors or drinks which contain more than 3.2 percent of alcohol by weight. (Prior code § 14.27).
9.20.020 Drinking upon streets.
It is unlawful for any person to drink intoxicating liquor upon any of the streets of the city or any portion thereof. (Prior code § 14.28).
9.20.030 Drinking upon sidewalks.
It is unlawful for any person to drink intoxicating liquor upon any of the sidewalks of the city or any portion thereof. (Prior code § 14.29).
9.20.040 Violations and penalties.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof is punishable by a fine of two hundred fifty dollars and/or up to six months in the county jail. (Ord. 1247 (part), 1999; Ord. 1160 § 21, 1993: Ord. 920 § 1, 1980).
9.20.050 Temporary exemptions.
(a) The city may grant temporary exemption permits to accommodate occasional public events held in conjunction with holiday celebrations and/or special civic functions. A temporary exemption permit will exempt the area described in the permit from the requirements of Sections 9.20.020 through 9.20.030. Temporary exemption permits must be obtained through the process described in this Section.
(b) Any person or organization wishing to apply for a temporary exemption permit may submit an application to the chief of police ("the chief"). The application must include:
(1) The application fee as set according to the city fee schedule;
(2) The date and hours during which the event would be held;
(3) A reasonably precise description of the location and area where the event would be held, including the street address;
(4) The estimated number of attendees;
(5) The number and type, if any, of private security personnel that would be available at the event;
(6) The type of liquor license under which the event would be held and the name of the license holder;
(7) The applicant’s written acknowledge and consent that a temporary exemption permit issued under this section may be immediately revoked by the chief, or the chief’s designee, upon a determination that the circumstances of the event present an imminent threat to the safety or security of the event participants, citizens of Marysville, or any other persons involved; and
(8) Any additional information about the event that the chief may request.
(c) After reviewing the application and any additional requested information, the chief shall reject the application or shall approve the application and issue a temporary exemption permit.
(1) In issuing a temporary exemption permit, the chief may include any permit conditions he or she deems necessary to protect the safety or security of the event participants, citizens of Marysville, or any other persons involved. Permit conditions may include, but are not limited to, a requirement that the permittee provided, at his or her own cost, special security in the permit area during and after the event.
(2) The chief of police may reject any application that presents safety or security hazards that cannot be mitigated. In rejecting the application, the chief of police must present written findings of such safety or security hazards in terms of any of the following: the timing, location, or size of the event; or the type of liquor license involved; or the type or number of security personnel to be provided; or any other objective factors which bear on safety or security issues surrounding the proposed event.
(d) All temporary exemption permits issued under this section may be immediately revoked by the chief of police, or the chief’s designee, upon his or her determination that the circumstances of the event present an imminent threat to the safety or security of the event participants, citizens of Marysville, or any other person involved.
(e) No person or organization may obtain more than three temporary exemption permits in any calendar year. (Ord. 1226 § 2, 1997).