§ 24-97. Possession or consumption of alcoholic beverages.

(a)

If any person, in or upon the grounds of any city park, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage or any beverage in any container labeled as an alcoholic beverage, he shall be guilty of a Class 4 misdemeanor. As used in this section, the term "alcoholic beverage" shall have the meaning set forth in section 4.1-100, Code of Virginia (1950), as amended.

(b)

Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., designated as Official Tax Map No. 4010305 ("Century Square"), Mill Mountain Park (including the Discovery Center and any shelters at Mill Mountain Park), Mountain View (including Mountain View Recreation Center), Vic Thomas Park, Wells Fargo Plaza at Market Street, S.E., located adjacent to the Market Square Walkway ("Wells Fargo Plaza"), Reserve Avenue Park, River's Edge Sports Complex - South designated as Official Tax Map No. 1040401, Holton Plaza, Preston Park (including Preston Park Recreation Center), Fallon Park (including Fallon Park Shelter, but not including Fallon Park Pool and Fallon Park School, which includes the buildings and the adjacent property used and maintained by Roanoke City Public Schools), Smith Park (including Smith Park Shelter), Highland Park (not including the enclosed area designated as Highland Dog Park within Highland Park), and Wasena Park designated as Official Tax Map No. 1222301 (including Wasena Brick Shelter and Wasena Stone Shelter), and, subject to Section 24-93 of City Code, Market Square Park, hereinafter collectively referred to as the "designated park facilities," under the following conditions:

(1)

Any applicant seeking to serve or permit the consumption of alcoholic beverages in the designated park facilities shall apply to the city manager for an alcohol permit, allowing the possession, consumption, distribution or sale of alcoholic beverages within the designated park facilities. If the alcohol permit is issued by the city manager, the applicant shall also obtain all appropriate permits and licenses from the state department of alcoholic beverage control ("ABC Board"). The issuance of the city's alcohol permit shall be conditioned upon the issuance of a permit or license by the ABC Board on the same terms and conditions as the city's alcohol permit. A copy of the ABC permit shall be filed with the city manager at least three (3) business days before the first day of the event which is the subject of the city's alcohol permit;

(2)

The applicant shall comply in all respects with all applicable rules, regulations, terms and conditions of the ABC Board, or any permit or license issued by the ABC Board;

(3)

The city manager shall designate, in writing, the time and place where alcoholic beverages may be possessed, consumed, distributed or sold within the designated park facilities;

(4)

No city alcohol permit shall be issued which shall allow the possession or consumption of alcoholic beverages after 12:00 a.m. (midnight), or the distribution or sale of alcoholic beverages forty-five (45) minutes prior to the required cessation of the event for which the permit is issued;

(5)

No glass containers shall be used to consume alcoholic beverages within the boundaries of the designated park facilities;

(6)

Each applicant shall obtain insurance of a type and for an amount acceptable to the office of risk management for the city. The issuance of the city's alcohol permit shall be conditioned upon the applicant providing a copy of a certificate of insurance, evidencing appropriate and acceptable insurance, at the time of application;

(7)

Each application shall be accompanied by a refundable deposit established by the city manager, and published in the city's fee compendium. The refundable deposit shall be for any clean-up necessitated by the applicant's use of the designated park facilities. The determination of whether any clean-up is necessitated by the applicant's use of either of the designated park facilities, and the cost of that clean-up, shall be within the city manager's sole and absolute discretion. The amount of any refund shall be determined within five (5) business days after the last day of an event which is the subject of a city alcohol permit, and any refund, or notice of no refund, shall be made as soon as reasonably possible after the five (5) business day period. In the event that the cost of the clean-up exceeds the amount of the refundable deposit, the applicant shall be responsible for the difference;

(8)

The fee for an alcohol permit to allow alcoholic beverages to be consumed on the premises of the designated park facilities, pursuant to this section, shall be established by the city manager, and published in the city's fee compendium; and

(9)

The city manager is authorized to make such other rules and regulations not inconsistent with the Code for the City of Roanoke (1979), as amended, or the Code of Virginia (1950), as amended, as may be necessary to govern the use of the premises where alcoholic beverages may be possessed, consumed, distributed or sold.

(Code 1956, Tit. VIII, Ch. 3, § 7; Ord. No. 26163, § 1, 7-26-82; Ord. No. 35274, § 1, 4-16-01; Ord. No. 35385, § 1, 6-4-01; Ord. No. 37715, § 1, 3-19-07; Ord. No. 37947, § 1, 11-19-07; Ord. No. 38762, § 1, 4-5-10; Ord. No. 39073, § 1, 3-7-11; Ord. No. 40019, § 1, 8-18-14; Ord. No. 40502, § 1, 5-16-16; Ord. No. 40718, § 1, 12-5-16; Ord. No. 40846, § 1, 6-5-17; Ord. No. 41410, § 1, 4-1-19)

(Code 1956, Tit. VIII, Ch. 3, § 7; Ord. No. 26163, § 1, 7-26-82; Ord. No. 35274, § 1, 4-16-01; Ord. No. 35385, § 1, 6-4-01; Ord. No. 37715, § 1, 3-19-07; Ord. No. 37947, § 1, 11-19-07; Ord. No. 38762, § 1, 4-5-10; Ord. No. 39073, § 1, 3-7-11; Ord. No. 40019, § 1, 8-18-14; Ord. No. 40502, § 1, 5-16-16; Ord. No. 40718, § 1, 12-5-16; Ord. No. 40846, § 1, 6-5-17; Ord. No. 41410, § 1, 4-1-19)