§ 5-39. Outside consumption of alcoholic beverages permitted; Conditions.

Any on premise retail alcoholic beverage permittee (hereinafter, "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 floor plan of the licensed premises and may possess and consume the alcoholic beverage and/or wine outside of the floor plan of the licensed premises anywhere within the boundaries of the district subject to the following regulations:

(a)

A person may not enter the floor plan of a licensed premises with an alcoholic beverage, whether acquired at that licensed premises or elsewhere.

(b)

A permittee located in the district shall allow alcoholic beverages to be removed from the floor plan of the licensed premises only in an City of Tupelo-approved recyclable plastic cup, not larger than 16 fluid ounces in size, and no such alcoholic beverages shall be removed from the floor plan of the licensed premises in a can, bottle, glass container or other container, except as otherwise allowed by law.

(c)

No permittee shall allow a patron, guest or member to exit its floor plan of the licensed premises with more than one open container of alcoholic beverages, and it shall be unlawful for any person to exit such floor plan of the licensed premises with more than one such open container.

(d)

Permittees located in the district shall post, at all points of egress from the floor plan of the licensed premises, a map of the boundaries of 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 permitttees.

(e)

Nothing in this ordinance shall be construed to require a permittee located in the district to allow its patrons to remove alcoholic beverages and/or wine, in open containers, from the floor plan of the licensed premises,

(f)

Permittees located in the district who participate and allow patrons to remove alcoholic beverages in open containers shall locate a City of Tupelo-approved recyclable garbage container at entrances to and exits from the permitted premises.

(g)

It is not the intention of this ordinance to encourage the gathering outside of permitted premises within the district so as to allow the consumption of alcoholic beverages or smoking while entering and re-entering the permitted premises of permittees in violation of other provisions of this Code. To effectuate this intent:

(1)

In accordance with sub-subsection 13-57 (21) and section 13-59 of this Code, nothing in this ordinance shall be construed to limit the enforcement of the Smoking Ban Ordinance as it applies to areas defined as public places in chapter 13; areas within a reasonable distance of twenty-five (25) feet immediately preceding the entrance to and ten (10) feet from the exit of an area where smoking is prohibited; attached areas of restaurants that are covered or partially covered with more than fifty (50) percent of the perimeter of the outside area walled or otherwise closed to the outside and seating areas of outdoor sports arenas, stadiums, amphitheaters and other venues.

(2)

In accordance with section 24-1 of this Code, nothing in this ordinance shall be construed to limit any policeman of the city 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 persons, if in the opinion or judgment 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 of 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 as provided in section 1-8 of this Code.

( Ord. of 3-20-18(1) , § 2)