Sec. 10-8. Drinking in public.
(a) Generally. It shall be unlawful for any
person to drink any vinous, malt or other alcoholic beverage while on any
streets, sidewalks, alleyways, parking areas or other open areas operated
and controlled by the city, or while in or on the grounds of any MARTA station
or while in any park in the city that is bounded on the north by Baker Street
to Edgewood Avenue to Memorial Drive, on the south by Georgia Avenue and
on the west by Pryor Street, Garnett Street, Spring Street, Martin Luther
King, Jr., Drive, Mangum Street and Thurmond Street, except for permitted
festivals; provided, however, that the drinking of vinous, malt or any other
alcoholic beverage shall be permitted in Piedmont Park in accordance with
an ordinance as adopted by the city council on February 5, 1979, and approved
by the mayor on February 12, 1979, relating to the sale of alcoholic beverages
in Piedmont Park; further, nothing in this section shall be construed to
prohibit the sale and consumption of vinous, malt or any other alcoholic
beverage at any convention center or sports coliseum, as defined in section
10-1, or in any golf pro shop which is situated on any golf course owned
or operated by the city.
A licensee may prepare and serve alcoholic beverages to be consumed
within an outdoor dining area as part of the operation of a sidewalk cafe.
Open containers of alcoholic beverages shall only be transported into or
out of outdoor dining areas by the licensees' working employees as part of
their work duties.
(b) Permits for special events. Subsection
(a) of this section notwithstanding, the police chief is authorized to issue
permits for the drinking of vinous, malt or other alcoholic beverages in
the city for special events, in the manner set forth below:
(1) Application. A person seeking issuance
of a special events permit shall file an application with the police chief
on forms provided by this officer; if the event is to be held in a park,
such person must first obtain the approval of the commissioner of parks,
recreation and cultural affairs for the use of the park, pursuant to the
regulations of the department of parks, recreation and cultural affairs.
(2) Filing periods. An application for a special
events permit shall be filed with the police chief not less than 14 days
nor more than 60 days before the date on which it is proposed to conduct
the special event.
(3) Contents of application. The application
for a special event permit shall set forth the following information:
a. The name, address and telephone number of
the person seeking to conduct the special event;
b. If the special event is proposed to be conducted
for, on behalf of, or by an organization, the name, address and telephone
number of the headquarters of the organization, and of the authorized and
responsible heads of this organization;
c. The name, address and telephone number of
the person who will be the special event chairman of the event and who will
be responsible for its conduct;
d. The date when the special event is to be
conducted, and whether the special event will extend over a series of days;
e. The hours when the special event will start
and terminate;
f. If the special event is to be held by, and
on behalf of or for, any person other than the applicant, the applicant for
the permit shall file with the police chief a communication in writing from
the person proposing to hold the special event, authorizing the applicant
to apply for the permit on the applicant's behalf; and
g. Any additional information which the police
chief shall find reasonably necessary to a fair determination as to whether
a permit should be issued.
(4) Fee. No fee shall be required for the issuance
of a special event permit.
(5) Standards for issuance. The police chief
shall issue a permit as provided for in this section when, from a consideration
of the application and from such other information as may otherwise be obtained,
the police chief finds that:
a. The conduct of the special event will not
substantially interrupt the safe and orderly conduct of other patrons of
the public places in which it will be held.
b. The conduct of the special event will not
require the diversion of so great a number of police officers of the city
properly to police the areas contiguous thereto as to prevent normal police
protection to the city.
c. The conduct of the special event is not
reasonably likely to cause injury to persons or property, to provoke disorderly
conduct or create a disturbance.
d. The applicants for permit have not violated
the terms of any previous special event permit granted to them and have not
caused undue traffic congestion and police problems under any previous special
event permit.
(6) Notice of rejection of application. The
police chief shall act upon the application for a special permit within seven
days after the filing thereof. If the police chief disapproves the application,
the police chief shall mail to the applicant, within seven days after the
date upon which the application was filed, a statement of the reasons for
the denial of the permit.
(7) Appeal procedure. Any person aggrieved
shall have the right to appeal the denial of a special events permit to the
mayor. The appeal shall be filed within five days after notice of denial.
(Code 1977, § 17-3018; Ord. No. 2001-88, § 2, 11-28-01) |
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