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9.20 CONSUMPTION OF FERMENTED MALT BEVERAGES AND

9.20 CONSUMPTION OF FERMENTED MALT BEVERAGES AND INTOXICATING LIQUOR REGULATED.

(1) DEFINITIONS. For the purpose of this section, the terms used shall be defined as follows:
(a) Public Property. Any property, including buildings or structures thereon, which is owned, leased or operated by the City, the West Bend School District or Washington County; public sidewalks; roadways, alleys and streets; playgrounds; and parks.
(b) Public Parking Lot. Any area held out to the public for the parking of motor vehicles, whether such area is publicly or privately owned.
(c) Licensed Premises. The area within a building or structure which is licensed pursuant to sec. 12.02 of this Code, but not including parking lots, sidewalks, roadways or land which is adjacent to the building or structure and within the property boundary lines.

(2) CONDUCT PROHIBITED.
(a) On Public Property. No person shall consume or carry an open container which contains any fermented malt beverage or intoxicating liquor in or upon any public property or public parking lot.
(b) On Private Property. No person shall consume or carry an open container which contains any fermented malt beverage or intoxicating liquor on private property without the owner's consent.
(c) Outside of Licensed Premises. No person who has purchased fermented malt beverages or intoxicating liquor from any licensed premises shall consume or carry an open container which contains said beverages or liquor outside of such premises.

(3) EXCEPTIONS.
(a) The prohibitions in sub. (2)(a) above shall not apply to community functions or events authorized by specific action of the Council.
(b) The West Bend Park and Recreation Department may authorize individuals to consume fermented beverages or intoxicating liquors within their jurisdiction under ch. 20 of this Code.
(c) (Rep. Ord. #2559 – 4/18/05)
(d) Prohibitions expressed in sub. (2) (a) and (b) above do not apply to individuals transporting unopened fermented malt beverages or intoxicating liquors from a point of purchase to their destination unless it is in violation of §§346.93 and 346.95, Wis. Stats.

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