§ 4-39. Open containers.

(a)

No holder of a permit for the retail sale of alcoholic beverages intended for consumption on the premises shall knowingly permit any individual, whether patron, customer, employee or otherwise, to remove any alcoholic beverage from the premises whether in a container made of glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless such container is unopened and sealed.

(b)

No person, whether patron, employee, customer, or otherwise, shall remove any alcoholic beverage from the premises of the holder of a permit for the retail sale of alcoholic beverages for consumption on the premises in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless such container is unopened and sealed.

(c)

The provisions of subsections (a) and (b) of this section shall not apply to persons conducting parades or other special functions approved by the city, such as, but not limited to, Mardi Gras parades, St. Patrick's Day parades, arts and crafts shows, antique shows and the like, who have obtained a qualifying city license or permit to conduct such functions. This exemption shall permit the use of plastic go-cup containers and shall be limited only to the time of the event.

(d)

All holders of permits for the retail sale of alcoholic beverages for consumption on the premises shall post a conspicuous notice inside their premises as well as by each exit stating that it is illegal to remove any alcoholic beverages intended for consumption on the premises from the premises in any type of unsealed or open container of any kind and that such violators shall be subject to fine and/or imprisonment under city ordinance.

(e)

Containers such as glass, plastic, and go-cups which are not sealed by the manufacturer shall have a minimum seal consisting of tape attaching the lid to the cup. Lids shall either contain no perforation for the insertion of a straw or any such perforation shall be sealed with tape.

(f)

Whoever violates any provisions of this section shall be fined on the first offense $200.00, on the second offense $500.00, and on the third or subsequent offense shall be fined $500.00 plus, where applicable, suffer the revocation of its permit to sell alcoholic beverages of any type.

(Code 1966, § 9-39.1)