§ 6-14. Prohibition of removal of open alcoholic beverage containers from premises and/or public possession and/or consumption of alcoholic beverages in the Downtown District and the Simcoe-Surrey Street Corridor, and in the McKinley Street Area.

(a)

For purposes of this section only, the term, "Downtown District and Simcoe-Surrey Street Corridor," shall mean the geographical area described, as follows:

Beginning at the point of the northeastern right-of-way line of East Simcoe Street and the southeastern right-of-way line of 12th Street; thence southwest along said southern right-of-way line of 12th Street to the point of its intersection with the southern right-of-way of Surrey Street; thence northwest along said southern right-of-way line of Surrey Street to the point of its intersection with the southern right-of-way line of Louisiana Avenue; thence southwest along said southern right-of-way line of Louisiana Avenue to the point of its intersection with the southern right-of-way line of Johnston Street; thence southwest along said southern right-of-way line of Johnston Street to the point of its intersection with the western right-of-way line of Garfield Street; thence southeast along said western right-of-way line of Garfield Street to the point of its intersection with the southern right-of-way of Gordon Street; thence southwest along said southern right-of-way of Gordon Street to the point of its intersection with the eastern right-of way line of East University Avenue; thence northerly along said eastern right-of-way line of East University Avenue to the point of its intersection with the northern right-of-way of Johnston Street; thence southwest along said northern right-of-way line of Johnston Street to the point of its intersection with the northerly right-of-way line of Brashear Street; thence northwest along said northerly right-of-way line of Brashear Street to the point of its intersection with the northern right-of-way line of St. Landry Street; thence southwest along said northern right-of-way line of St. Landry Street to the point of its intersection with the centerline of West St. Mary Boulevard; thence proceeding northern on West St. Mary Boulevard with the centerline of Parkside Drive; thence north along said centerline Parkside Drive to the point of its intersection with the centerline of Iris Lane; thence northwest along said centerline of Iris Lane to the point of its intersection with the centerline of Souvenir Gate, thence southwest along said centerline of Souvenir Gate to the point of its intersection with the centerline of Jasmine Street; thence northwest along said centerline of Jasmine Street to the point of its intersection with the northern right-of-way of West Congress Street; thence east along said northern right-of-way line of West Congress Street to the point of its intersection with the western high bank of St. John Coulee; thence north along said western high bank of St. John Coulee to the point of its intersection with the northern right-of-way line of West Simcoe Street to the point of its intersection with the northern right-of-way line of East Simcoe Street; thence easterly along the northern right-of-way line of East Simcoe Street to the point of intersection with the southeastern right-of-way line of 12th Street to the point of beginning.

(b)

"McKinley Street Area" shall mean the geographical area in the City of Lafayette described as being bounded by Jefferson Street, Lamar Street, General Mouton Avenue and Roosevelt Street, inclusive of Cleveland Street and McKinley Street within such described area.

(c)

Removal.

1.

Other than paper, plastic or Styrofoam cups containing an alcoholic beverage, no person, whether patron, customer, permittee or employee of permittee, whether knowingly or unknowingly, shall remove any open alcoholic beverage container of any type and at any time from the premises of a permittee in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area. Paper, plastic or Styrofoam cups containing an alcoholic beverage may be removed from the premises of a permittee in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area except during the days and times of Monday—Sunday 12:00 a.m. until 6:00 a.m. Violators of this subsection shall be subject to a fine and/or imprisonment as set forth in section 1-9 of the Code.

2.

Furthermore, no permittee, or employee of permittee, shall allow the removal of any open alcoholic beverage container of any type and at any time from the premises of a permittee in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area, except as allowed in section 6-14(c)1. hereinabove.

(d)

Possession.

1.

Other than paper, plastic or Styrofoam cups containing an alcoholic beverage, at no time is it lawful for any person to possess an open alcoholic beverage container of any type in the Downtown District, Simcoe-Surrey Street Corridor and in the McKinley Street Area. Violators of this subsection shall be subject to a fine and/or imprisonment as set forth in section 1-9 of the Code.

2.

A person may possess a paper, plastic or Styrofoam cup containing an alcoholic beverage in the Downtown District, Simcoe-Surrey Street Corridor and in the McKinley Street Area except during the days and times of Monday-Sunday 12:00 a.m. until 6:00 a.m. Violators of this subsection shall be subject to a fine and/or imprisonment as set forth in section 1-9 of the Code.

3.

All permittees of any premises located in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area shall post a conspicuous notice inside the premises as well as by each public exit entitled "PROHIBITIONS," and stating the following: "1. REMOVAL OF ANY OPEN ALCOHOLIC BEVERAGE CONTAINER, EXCEPT PAPER, PLASTIC OR STYROFOAM. 2. MON.-SUN. 12:00 A.M UNTIL 6:00 A.M.: REMOVAL OF ANY OPEN ALCOHOLIC BEVERAGE CONTAINER, INCLUDING PAPER, PLASTIC OR STYROFOAM." The notice sign shall not be less than 36-point type.

(e)

No person shall engage in the public possession of any open alcoholic beverage container in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area, except as provided herein. Violators of this subsection shall be subject to a fine and/or imprisonment as set forth in section 1-9 of the Code.

(f)

Any participant or patron who is participating in special events, as defined herein, that take place in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area, is exempt from the provisions of this section during such event. For the purpose of this provision, special events shall mean organized community events and festivals sponsored and/or produced by governmental or non-profit organizations that are of general public interest and are open to public attendance, including, but not limited to Mardi Gras Parades, Festival International, the Downtown Alive and Artwalk series, Festivals Acadiens et Creole, and Symphony Concerts. The Lafayette City-Parish President or his designee shall be authorized to grant a special exemption from the provisions of this section for a specified event or activity not listed herein upon application of the promoter or sponsor of such event on a form prescribed by the city-parish president, provided that the promoter or sponsor shall bear any costs or expenses associated with the public dissemination of the granting of such special exemption. Exemption under this section shall begin at the start of the event and terminate at the end of the event.

(g)

Any person who holds a restaurant sidewalk café permit pursuant to chapter 78, article VII of this Code, shall be permitted to serve alcoholic beverages in an open alcoholic beverage container, provided that such alcoholic beverages may only be consumed on the premises of such permittee and may not be removed from such premises.

(Ord. No. O-240-2010, § 2, 11-2-10; Ord. No. O-109-2015, § 1, 5-19-15; Ord. No. O-091-2017, § 12, 5-16-17)