§ 6-134. Tailgating.

(a)

The provisions of section 6-134 are intended to set forth certain exceptions and provisions applicable only to areas that have been established as a location approved for tailgating.

(b)

Definitions for the purposes of section 6-134 only:

(1)

Mixed-use development district means a development that is zoned RRC and may include a mixture of retail, restaurants, entertainment, office space, hotel units, and a public event venue with permanent seating in excess of 20,000 seats (and to include attendant parking facilities).

(2)

University means an educational institution designed for instruction, examination, or both, of students in many branches of advanced learning, and authorized to confer various degrees.

(c)

Tailgating is permitted as follows:

(1)

The areas designated for tailgating shall be depicted on a plan, presented by the applicant, that shall be approved by both the mixed-use development district management or the university and the board of commissioners.

(2)

Tailgating area plans shall include:

a.

Area(s) where the outside consumption of alcoholic beverage shall be allowed;

b.

Locations of permanent or temporary public restroom facilities;

c.

Locations of areas designated for outdoor cooking;

d.

Locations of trash receptacles and recycling containers; and

e.

Prohibition on littering.

(d)

Prohibition of the sale of alcoholic beverages, food products or other items related to the event activities. The outside consumption of alcoholic beverages shall be allowed when they are transported to the designated areas for personal consumption. No beverage, alcoholic or otherwise, or food product shall be sold or purchased within the area(s) designated for tailgating;

(e)

Drinking from glass bottle or other glass container prohibited. It shall be unlawful for any person to drink or attempt to drink 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.

(f)

Section 6-134 contains specific regulations pertaining to the consumption of alcoholic beverages. Areas that are permitted to operate in conformity with section 6-134 are not considered a bottle house as defined in this chapter.

(g)

Violation of 6-134 is a misdemeanor. Any person who violates section 6-134 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)