§ 3-2. Consumption in public.

(a)

Except as provided in paragraph (c) below, no alcoholic liquor shall be consumed on the public streets, alleys, parks, or in any other public places, including any store or establishment doing business with the public not licensed to sell alcoholic liquor for consumption on the premises; nor shall any one who owns, operates or controls any such public establishment or store permit the consumption of alcoholic liquor therein.

(b)

Except as provided in paragraph (c) below, no person shall have in his or her possession any open bottle, open cans or other open containers, containing alcoholic beverages, on a public street, alley, park, or in any other public place.

(c)

Exceptions:

(1)

Notwithstanding contrary provisions of this section, and with the approval of the city council, alcoholic liquor may be consumed on the public streets and alleys immediately adjacent to business establishments licensed for the sale of alcoholic beverages for consumption on the premises in areas of the public streets and alleys for which an occupancy permit has been issued by the city engineer pursuant to the provisions of Chapter 29 of this Code.

(2)

Notwithstanding contrary provisions of this section, and with the approval of the city council, beer and wine may be sold and consumed on the public streets, alleys, and public parking lots for events sponsored by a not-for-profit organization holding the required Michigan liquor license or permit within a fenced-in area.

(3)

Within Curwood Castle Park, public events where wine and beer may be sampled and sold by a winery or brewery under a Michigan license or permit. During public or private events within the arts center and Curwood Castle and a fenced-in area immediately adjacent to either structure, liquor, wine and beer may be dispensed, provided that three (3) days prior to the event the city clerk shall be provided a certificate of liability insurance with a limit of at least one million dollars ($1,000,000.00), including "host liquor liability" coverage for alcoholic beverages served at no charge. Either "host liquor liability" or "liquor liability insurance" must include the City of Owosso as an additional insured for primary and non-contributory limits of liability.

(Code 1977, § 9.172; Ord. No. 537, § 1, 7-5-95; Ord. No. 785, § 1, 7-17-17)

State law reference

Consumption of liquor on public highways or in parts and places of amusement, MCL 436.34, MSA 18.1005.

Cross reference

Streets, sidewalks and other public places, Ch. 29.