§ 6-133. Special provisions and exemptions within certain mixed-use developments.

(a)

The provisions of this section are intended to set forth certain exceptions and provisions applicable only to licensees whose establishments are located within certain large mixed-use development districts, as hereinafter defined, holding licenses to sell alcoholic beverages for consumption on the premises. Except as specifically set forth in this section, all such licensees remain subject to all other provisions of the county's alcoholic beverage ordinance.

(b)

For the purposes of this section only, a mixed-use development district is defined as a development that is zoned RRC with a public event venue with permanent seating in excess of 20,000 seats (and to include attendant parking facilities) and may include a mixture of retail, restaurants, entertainment, office space, and hotel units.

(c)

The county minimum distance requirements for on-premises consumption establishments in a mixed-use district are waived. All state minimum distance requirements to properties outside of the boundaries of such certain mixed use development districts shall remain in effect.

(d)

Outside consumption of alcoholic beverages permitted as follows:

(1)

The areas designated for the outside consumption of alcoholic beverages shall be depicted on a plan, presented by the applicant, that shall be approved by both the mixed-use development district management and the board of commissioners and include locations where free standing vendors (as distinguished from a licensed premises) may sell alcoholic beverages within the designated area. Areas designated for the outside consumption of alcoholic beverages must include methods for verifying identification, determining eligibility for adults to purchase and consume alcoholic beverages, and ensuring minors will not be served alcohol beverages.

(2)

Drinking from glass bottle or other glass container prohibited. It shall be unlawful for any person to drink or attempt to consume any alcoholic beverage from a glass bottle or other glass container, or to possess in an open bottle or glass any alcoholic beverage in the area designated for outside consumption of alcoholic beverages.

(3)

Purchase from licensed premises within mixed-use development districts. Alcoholic beverages consumed, within the area designated for outside consumption, pursuant to these provisions must be purchased from a licensed premise or approved free standing vendor within the mixed-use development district.

(4)

Consumption limited to lawful hours of operation. No alcoholic beverage purchased pursuant to this provision shall be consumed except within the authorized hours of sale.

(5)

Two drink on-street limit. Any establishment or free standing vendor licensed to sell alcoholic beverages by the drink for consumption is authorized to dispense alcoholic beverage(s) in a paper or plastic cup, or other container other than a glass bottle or other glass container, for consumption in the designated area as depicted in the approved plan as described in 6-133(d)(1). However, no establishment shall dispense to any person more than two such alcoholic beverages at a time. No alcoholic beverage container shall be more than 24 fluid ounces in size. No individual shall have more than two open containers of alcoholic beverages in their possession.

(e)

Section 6-133 contains specific regulations pertaining to the sale and consumption of alcoholic beverages. Areas that are permitted to operate in conformity with section 6-133 are not considered a bottle house as defined in this chapter.

(f)

Violation of 6-133 is a misdemeanor. Any person who violates section 6-133 is guilty of a misdemeanor.

(1)

First conviction. A fine of not less than $100.00 nor more than $1,000.00 and costs and/or imprisonment in the county jail for not more than 60 days or both.

(2)

Second conviction. A fine of not less than $200.00 nor more than $1,000.00 and costs and/or imprisonment in the county jail for not more than 60 days or both.

(3)

Third conviction. A fine of not less than $500.00 nor more than $1,000.00 and costs and/or imprisonment in the county jail for not more than 60 days or both.

(4)

Fourth conviction. Any person convicted of four or more violations of this section shall be subject to a fine of not less than $1,000.00 and costs and/or imprisonment in the county jail for not more than 60 days or both. A fourth conviction shall be considered a misdemeanor of a high and aggravated nature.

(Amd. of 2-23-16)