(a) It is hereby declared to be a nuisance and unlawful for any person to possess, consume, sell, distribute, or use any intoxicating beverage in or on any of the public parks of the city, except as hereinafter provided. For the purposes of this section, “intoxicating beverage” shall mean alcohol, brandy, whiskey, rum, gin cordial, beer, ale, port, stout, wines, cider and any other spirituous, vinous, malt or fermented liquor, liquid or compound, by whatever name called, containing one-half of one per centum or more of alcohol by volume, which is fit for beverage purposes.
(b) Notwithstanding the provisions of subsection (a) of this section, the possession, consumption, sale, distribution and use of beer and wine is permitted in city parks, as authorized by the mayor and board of aldermen.
(c) Notwithstanding the provisions of subsection (a) of this section, the possession, consumption, sale, distribution and use of beer is permitted on and within Baker Park, which includes the park area from Bentz Street to Route 15, for the Fourth of July celebration managed and operated by the office of special events only, provided the mayor and board of aldermen determine:
(1) The office of special events has obtained a liquor license from the Frederick County Liquor License Commission.
(2) The permittee/sponsor has provided evidence of adequate liability insurance coverage for the permitted event in an amount no less than one million dollars ($1,000,000.00)
(3) The specific location of the sale of alcoholic beverages shall not be located within three hundred (300) feet from any public school or church property primarily and regularly used for worship services and religious activities when such public school or church is in a regularly-scheduled session, meeting or service. The distance indicated in this subsection shall be measured from the nearest property line of such public school or church to the nearest point of the site where alcoholic beverages are possessed, consumed, sold, distributed or used.
(4) The possession, consumption, sale, distribution and use of alcoholic beverages will take place within a beer garden and in controlled, orderly circumstances and will not have a detrimental effect, when considered in relation to the comfort, convenience, safety, welfare and order of the public in general.
(5) The chief of police or his designee shall have the authority to revoke the alcoholic beverage permit immediately should the health, safety and welfare of the public in general so require.
(d) This section shall not apply to Harry Grove Stadium. (1961 Supp., § 12.51; Ord. No. G-95-16, § 1, 6-15-95; Ord. No. G-04-1, 3-18-04)