§ 6-194. Public consumption of alcoholic beverages during community festivals.

Public consumption of alcoholic beverages in open containers shall be permitted upon the public streets or recreation areas during the hours of a community festival upon recommendation of the city manager and approved by the mayor and aldermen.

(1)

A "festival" is a program of cultural and or entertainment events open to the general public and taking place either fully or in part on public streets, thoroughfares, recreation areas or other public property in connection with a community festival sponsored by the Mainstreet Downtown Development Authority, convention and visitors bureau, library or other public organizations approved by the city.

(2)

"Festival area" shall be the area specifically designated and defined by the mayor and aldermen as the location of festival events and activities.

(3)

"Controlled zone" means a zone within the festival area in which special regulations may apply as recommended in each case by the city manager and authorized by the mayor and aldermen including but not limited to controlled access by fencing and gating, wristband identification of persons admitted to a controlled zone, wristband identification of persons authorized to purchase and hold in possession alcoholic beverages, loudspeaker limits and controls, enhanced security measures, and entertainment controls.

(4)

Alcoholic beverages. Any beverage containing alcohol shall be dispensed or permitted from 11:00 a.m. to 12:00 midnight only and can only be consumed within the festival area.

a.

One drink on street limit. Any establishment licensed to dispense alcoholic beverages by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in paper or plastic cup, or other container than a can, bottle, or glass, for removal from the premises; provided, however, that no establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises.

b.

Size limited to 16 ounces. No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. No person shall hold in possession on the streets and sidewalks, in parks and squares or in other public places within the defined area any open alcoholic beverage container, which exceeds 16 fluid ounces in size.

c.

Drinking from can, bottle, or glass prohibited. It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass or to possess in an open can, bottle, or glass any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private.

d.

Festivals. Unless specifically provided otherwise by ordinance, the regulations provided by this section shall be in full force and effect during the Fall Sweetwater Festival, or its successor, Independence Day and any other festival designated by the mayor and aldermen.

e.

Drinking alcohol in parked motor vehicle prohibited. It shall be unlawful for any person to consume any alcoholic beverages while in the confines of a motor vehicle when the vehicle is parked on any city street, alley way or parking lot.

f.

Open container of alcohol in moving vehicle prohibited. It shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a vehicle in the city or while a passenger in or on a vehicle being operated in the city.

As used in this article, "open container" means any container that is immediately capable of being consumed from, or the seal of which has been broken.

An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle.

An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger.

Exceptions:

1.

A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid chauffeur's license pursuant to Georgia Law or any other state;

2.

A passenger of a bus in which the driver holds a valid chauffeur's license pursuant to Georgia law or any other state; or

3.

A passenger of a self-contained motor home which is in excess of 21 feet in length.

(5)

Designation of a community festival. On the recommendation of the city manager, the mayor and aldermen may designate and name certain community festival days, including but not limited to Independence Day Festival, the Sweetwater Festival, or its successors in the fall of each year and during such festival days authorizing cultural and entertainment events and initiate the regulator provisions of this article within the festival area.

(6)

Permitted uses. Only the following uses and activities shall be permitted in designated festival area:

a.

The display, exhibit or sale by an exhibitor of items which are predominately original works of arts and crafts; provided that such works shall only be displayed and offered for sale by the artist or craftsman creating the work of art or craft work that is offered for sale.

b.

The display of arts and crafts exhibits for general view or in competition where none of the items exhibited are offered for sale.

c.

Performing arts events, when sponsored by nonprofit organizations, and when admissions, promotion fees and similar income is for the benefit of the nonprofit organizations, and provided further that each such event shall be limited to a period of not more than four hours.

d.

Catered receptions and banquets.

e.

Festivals. A festival shall be an event with the primary theme being a subject of a national, ethnic, artistic, biographical, seasonal or an urban revitalization theme. Food and alcoholic beverages may be offered in conjunction with a festival when sponsored by a nonprofit organization or public agency in compliance with permits and regulations of the county health department.

(7)

Designation and management of controlled zone. Upon recommendation of the city manager, the mayor and aldermen may designate one or more controlled zones within the festival area, and may authorize the city manager to implement regulations and controls which will be specific for each designated controlled zone. Such regulations and controls may include but are not limited to the following:

a.

Fencing and gating. Fencing designated controlled zone(s) and establishing entrance gates for controlling and limiting access or each controlled zone.

b.

Identification, entrance criteria. Requiring wristbands or other means of identifying person who have met entrance criteria. Entrance criteria may include but are not limited to prohibiting persons from entering with weapons, alcoholic beverages, pets, skates, bicycles, and other items which may be dangerous, disruptive, or inconvenient in crowded conditions, and prohibiting entry by persons appearing to be intoxicated.

c.

Identification, consumption of alcoholic beverages. Requiring wristbands or other means of identifying persons who have presented proof of attaining the age of 21 years, and who are authorized to purchase or hold in possession alcoholic beverages within the controlled zone, both within and outside of licensed alcoholic beverage establishments. A fee as set by the mayor and aldermen may be charged for such wristband. Displaying such a wristband does not relieve alcoholic beverage establishments of responsibility for determining if a person has attained the age of 21 years before dispensing alcohol to that person.

d.

Designation of a festival manager within controlled zone. The mayor and aldermen may designate and authorize Mainstreet, the Downtown Development Authority or similar nonprofit tax-exempt organization or similar entity to organize and manage festival activities within a controlled zone. Such designation may include authorization to collect and expend funds, in which case the following paragraph will apply.

e.

Financial requirements audit. Any organization designated and authorized to collect fees and generate revenues from the public in connection with such event shall, within 60 calendar days of conclusion of the event, provide to the city manager a certified, comprehensive report that provides a full accounting of all revenues and expenditures associated with the event. The designated organization shall be required to maintain certain financial records and other documentation supporting event revenues and expenditures. The city will have complete and free access to all such financial records at all reasonable times for purposes of review and audit. The city may also require submission of a budget and spending plan prior to authorizing such event.

f.

Insurance. Any organization authorized to organize and manage festival activities within a controlled zone shall take out and keep in force for all activities associated with such event a special events liability policy. Such policy shall provide the following:

1.

Minimum coverage limits approved by the city.

2.

Additional insured: Mayor and Aldermen of the City of Milledgeville, a Georgia municipal corporation, its select officials, officer's employees and agents.

3.

Certificate of insurance: A certificate of insurance shall be issued to the additional insured at least five days prior to the beginning of the event. Such certificate shall be on a standard form and will provide for notification of the additional insured within ten days of termination of coverage.

(8)

Consumption of alcohol on city streets prohibited; limited in certain area. Drinking alcohol on city streets prohibited. Except as provided in subsection (4) above, it shall be unlawful for any licensed establishment to dispense any alcoholic beverage in an open container for removal from the premises, and it shall be unlawful for any person to remove from an alcoholic beverage establishment any open container of alcoholic beverage or to drink or attempt to drink any alcoholic beverage from any open container or to possess in any open container any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private, within the corporate limits of the city.

(Ord. No. O-0407-018, 7-27-2004)