§ 5-4. Prohibition on the consumption of alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. at establishments holding alcoholic beverage licenses.

(a)

It shall be unlawful for any person to possess an open container, being a container containing an alcoholic beverage of either high or low alcoholic content, or to consume such an alcoholic beverage from an open container at any establishment where alcoholic beverages of either high or low alcoholic content are licensed for sale at retail between the hours of 2:00 a.m. and 6:00 a.m. The presence of a person with an open container containing an alcoholic beverage of either high or low alcoholic content on the premises of an establishment licensed for the sale of alcoholic beverages of either high or low alcoholic content shall constitute proof of a violation of this section.

(b)

Whoever violates the provisions of this section shall be punished by a fine not exceeding $500.00 or imprisonment for a term not exceeding 30 days or both by such fine and imprisonment within the discretion of the court.

(c)

As used in this section, an open container shall consist of any container, whether glass, metal, wood, plastic or other material containing any alcoholic beverage of either high or low alcoholic content.

(Ord. No. 10-13, 3-22-10)