§ 6-64. Brown-bagging.

[(a)

Definition. ]

Brown-bagging [means] the bringing, taking or carrying of any alcoholic beverage into a business licensed to operate within the city, but not licensed for the consumption of alcoholic beverages on the premises, provided that bringing an alcoholic beverage into a house, apartment, room or other unit designed for private residential occupancy shall not fall within this definition.

(b)

Brown-bagging shall include the following acts:

(1)

Any person who brown-bags;

(2)

Any person participating in consumption of any alcoholic beverage being brown-bagged;

(3)

Any person who consumes an alcoholic beverage on any premises holding a business license, except for those premises licensed for on-premises consumption of alcoholic beverages or otherwise exempted from the definition of brown-bagging by virtue of the private residential character of the occupancy;

(4)

Any employee of the business establishment in whose presence brown-bagging knowingly or with reckless indifference occurs.

(c)

Brown-bagging is prohibited within the city without the proper permit as listed in this chapter under brown-bagging permit article VI.

(d)

The business license of any premises not permitted under this chapter upon which brown-bagging knowingly or with reckless indifference occurs shall be subject to suspension or revocation by the city. Any conviction or plea of guilty or nolo contendere in the municipal court to a charge of brown-bagging shall be admissible in a license suspension or revocation consideration or proceeding.

( Ord. No. 04-2014, § 1(Exh. A), 5-28-14 )