Lindsay Municipal Code § 9.28 Intoxicating Liquor

The definition of "alcoholic beverage" as used herein, includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

(Ord. 425 (part), 1989: prior code § 15-13)

To have the provisions of this chapter apply to privately owned property open to the public, the person or persons having the right of possession of said property, or the owner thereof, shall erect and maintain upon said property not less than two signs having all the following characteristics:

1. The sign shall be not less than eighteen inches by twenty-four inches in size;
2. There shall not be less than two signs posted upon the property, with one located at each entrance to the property from a public sidewalk;
3. All lettering upon the signs shall be not less than one inch high and shall state the following: Consumption of alcoholic beverages on these premises is prohibited by Lindsay Municipal Code Section 9.28.030.
4. All posted signs shall be black lettering on a white background and shall be unobstructed and clearly visible to the public.

(Ord. 425 (part), 1989: prior code § 15-14)

It is unlawful for any person to possess any alcoholic beverage where such alcoholic beverage is in a receptacle which has been opened, or the seal of which has been broken, or the contents of which have been partially removed, on any parking lot posted in accordance with Section 9.28.020 within the city, associated with or under the control of any business or other premises open to the public where such parking lot has immediate access to a public street.

(Ord. 425 (part), 1989: prior code § 15-15)

It is unlawful for any person within the city to possess any alcoholic beverage in any public place, or to transport any alcoholic beverage upon any public street, sidewalk, pedestrian mall, alleyway, or thoroughfare where such alcoholic beverage is in a receptacle which has been opened, or the seal of which has been broken, or the contents of which have been partially removed.

(Ord. 425 (part), 1989)

It is unlawful for the registered owner of any vehicle, or the driver, if the registered owner is not then present in the vehicle, to keep in a motor vehicle when such motor vehicle is located in any area enumerated in Sections 9.28.030 and 9.28.040 and this chapter, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal broken, or the contents of which have been partially removed, unless such container is kept in the trunk of such vehicle or kept in some other area of the vehicle not normally occupied by the driver or passengers, if such vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This sections shall not, however, apply to living quarters of a house, car, camper or motor home.

(Ord. 425 (part), 1989)

Sections 9.28.030 and 9.38.040 shall not be construed to prohibit the consumption of intoxicating liquor in any public place or business legally licensed to serve or sell intoxicating liquor, nor shall the section be construed to prohibit the display of intoxicating liquors in any manner or place legally licensed to serve, sell or display intoxicating liquors. These sections shall not be construed to prohibit the possession or transportation of intoxicating liquors, generally. Furthermore, these sections shall not be construed to prohibit the sale, possession or consumption of intoxicating liquor at approved events held at the Lindsay Memorial Building, the Lindsay Community Center, or the Sweet Brier Plaza. The city may impose any requirements it deems are necessary to ensure the public health, safety and welfare, including but not limited to insurance requirements and limitations on the amount or type of intoxicating liquors to be sold or consumed, as conditions of approval for such events.

(Ord. 510 § 1, 2003: Ord. 425 (part), 1989)

Sections 9.28.030, 9.28.040 and 9.28.050 shall not be deemed to make punishable an act or acts which are prohibited by any statute of the state.

(Ord. 425 (part), 1989)

Any person violating any of the provisions of Sections 9.28.030, 9.28.040 and 9.28. 050 shall be guilty of an infraction and shall be punished by a fine in an amount which is set by resolution of the City Council.

(Ord. 604 2023, Ord. 425 (part), 1989)