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1. Hamtramck, MI Code of Ordinances
CHAPTER 113: ALCOHOL
Section
Possession and Consumption in Public Places
113.001 Purpose
113.002 Definition
113.003 Possession and consumption
113.004 Festivals, special events and city-approved sidewalk cafés
113.999 Penalty
POSSESSION AND CONSUMPTION IN PUBLIC PLACES
§ 113.001 PURPOSE.
To control the possession and consumption of alcoholic liquor in public places within the city and to provide penalties for the violation.
(Ord. 467, passed 6-25-1998)
§ 113.002 DEFINITION.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different
meaning.
ALCOHOLIC LIQUOR. Any spirits, wine, beer, ale or other liquid containing one-half of 1% of alcohol by weight, which is fit for
beverage. The percentage of alcohol by weight shall be determined in accordance with the provisions of Public Act 58 of 1998, being
M.C.L.A.§§ 436.1101 through 436.2303, as the same may be amended from time to time.
(Ord. 467, passed 6-25-1998)
§ 113.003 POSSESSION AND CONSUMPTION.
(A) Public property. No person shall consume alcoholic liquor, nor transport nor possess any alcoholic liquor in a container that is
open, uncapped or on which the seal is broken, on any thoroughfare, street, sidewalk, alley, parking lot, public way, public park,
parkland, playground, baseball field or land operated, leased or owned by the city.
(B) Public buildings. No person shall consume alcoholic liquor, nor transport nor possess any alcoholic liquor in a container that is
open, uncapped or on which the seal is broken, in any public building operated, leased or owned by the city.
(C) Motor vehicles. No person shall transport nor possess any alcoholic liquor in a container that is open, uncapped or on which
the seal is broken, within the passenger compartment of a vehicle, whether the vehicle is publicly owned or privately owned on the
streets of the city. If the vehicle does not have a trunk or compartment separate from the passenger compartment, a container that is
open, uncapped or on which the seal is broken shall be encased or enclosed.
(Ord. 467, passed 6-25-1998) Penalty, see § 113.999
2. § 113.004 FESTIVALS, SPECIAL EVENTS AND CITY-APPROVED SIDEWALK CAFÉS.
No person shall possess or consume alcoholic liquor in an area designated for a festival, special event or city-approved sidewalk café
unless the beverages are purchased from, and dispensed by, an individual or entity licensed to sell beverages, which has permission
from the State Liquor Control Commission for outdoor sales if applicable; and the entity is approved by the City Council to sell the
beverages for consumption in the area designated for the festival, special event or city-approved sidewalk café subject to those
restrictions as to times, dates and locations as the Council may impose.
(Ord. 467, passed 6-25-1998) Penalty, see § 113.999
§ 113.999 PENALTY.
(A) Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to §
10.999.
(B) Possession and consumption. Any person or persons, firm or corporation violating or failing to comply with the provisions of
§ 113.003 shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $500, nor more than 90 days
imprisonment in the Wayne County Jail, or both fine and imprisonment at the discretion of the court, for each violation.
(Ord. 467, passed 6-25-1998)