Sec. 8-334. - Outside consumption of alcoholic beverages permitted; conditions.
Any on premises retail alcoholic beverage permittee (hereafter "permittee") located within the district shall comply with all laws, rules and regulations which govern its license type, except that a patron, guest or member of that permittee may remove an open container of alcoholic beverage and/or wine from the licensed premises, and may possess and consume the alcoholic beverage and/or wine outside of the licensed premises anywhere within the boundaries of the district subject to the following regulations:
(1) A person may not enter a licensed premises with an alcoholic beverage, whether acquired at that licensed premises or elsewhere.
(2) A permittee located in the district shall allow alcoholic beverages to be removed from the licensed premises only in a paper or plastic cup, not larger than sixteen (16) fluid ounces in size, and no such alcoholic beverages shall be removed from licensed premises in a can, bottle, glass container or other container, except as otherwise allowed by law.
(3) No permittee shall allow a patron, guest or member to exit its licensed premises with more than one (1) open container of alcoholic beverages, and it shall be unlawful for any person to exit such licensed premises with more than one (1) such open container.
(4) Permittees located in the district shall post, at all point of egress from the licensed premises, a map of the boundaries or the district in which it is located. The map shall be provided, either in electronic or paper form, to those permittees by the city upon request of the permittees.
(5) Nothing in this article shall be construed to require a permitted located in the district to allow its patrons to remove alcoholic beverages and/or wine in open containers from the licensed premises.
(6) Permittees located in the district who participate and allow patrons to remove alcoholic beverages in open containers shall locate a city approved garbage container at entrances to and exits from the permitted premises.
(7) Nothing in this article shall be construed to limit the enforcement of the Smoking Ban Ordinance as it applies to areas defined as public places as defined by title X, chapter 3, section 10-201 and prohibited in title X, chapter 3, section 10-205.
(8) Nothing in this article shall be construed to limit any City of Southaven Policeman from having and exercising the power, authority and duty to prevent the assemblage, either upon the sidewalks, streets, or alleys of the city, congregations of person, if in the opinion or judgement of any such officer, when any such gathering is of sufficient magnitude and number to interfere with public travel of the city either on foot or otherwise. Such officer is hereby given the power and authority and it is hereby made his duty to cause such congregation of any kind above enumerated to be dispersed, and if any person so assembling shall fail when so ordered by any such officer, to disperse, any such person so failing to disperse when so ordered shall be guilty of a misdemeanor and upon conviction, shall be subject to punishment in accordance with MCA 1972 § 21-13-19.
(9) Nothing in this article shall be construed to allow for any licensed premises to stay open later than other restaurants or licensed premises located within the city.
(Ord. of 12-1-20(1), § 3)
