5.310 Drinking in Public.
(1) Except as provided in this Section no person shall consume alcoholic beverages in or on a street, sidewalk, alley, public right-of-way, public park, other publicly owned facility, or premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises. For purposes of this Section, “premises open to the public for the use of motor vehicles” does not include an area of a parking lot fenced off for an event.
(2) Alcoholic beverages may be sold and consumed at a sidewalk café permitted under Section 10.358(1)(c) or at a parklet permitted under Section 2.185(11) and in accordance with a license issued by the Oregon Liquor Control Commission.
(3) With the advance approval of the City Manager, or designee, and pursuant to the requirements outlined in subsection (4) and (5), below, alcoholic beverages may be sold and consumed in an area open to the general public at public or private event sponsored by an organization or individual.
(4) The following conditions shall apply to events approved under subsection (3) of this section:
(a) The applicant shall submit a Special Event Permit application to the City Manager, as described in Code Section 2.185, and pay a fee of $50.00 for events at which alcohol will be served.
(b) The applicant shall comply with all requirements of Sections 2.185 and 2.190 of this Code.
(c) The applicant must comply with all applicable rules and regulations of the Oregon Liquor Control Commission, including but not limited to obtaining a permit to serve alcohol from the Oregon Liquor Control Commission.
(d) The applicant must provide licensed private security guards or Medford police officers in sufficient numbers to maintain order. The Chief of Police or designee shall recommend to the City Manager or designee the number of officers reasonably needed to maintain order under the circumstances existing.
(e) Alcoholic beverages may only be sold and consumed within a fence or other enclosure.
(f) The City Manager or designee shall grant the permit only if the Manager or designee finds that the noise created by the event would not be unreasonable considering the hours and location.
(g) The City Manager or designee may prescribe any additional conditions which the Manager or designee deems necessary to protect the public health, safety and welfare.
(5) Alcoholic beverages may be consumed on a commercial pedicab, as defined in subsection (a), subject to all the following conditions listed in subsection (b):
(a) For the purposes of this section, “Pedicab” means any of the following:
(i) A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.
(ii) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.
(iii) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire.
(b) The business license of any pedicab operator which permits consumption of alcohol on a pedicab may be subject to revocation if the pedicab operator fails to satisfy the following conditions:
(i) Steering and braking shall be under the exclusive control of an employee or owner of the business operating the pedicab (the “operator”), who shall not consume alcohol while on the job and shall not have an alcohol concentration of 0.04 or greater while operating the pedicab;
(ii) Alcoholic beverages shall not be provided by, served by, sold by, or in control of the operator of the pedicab. Alcoholic beverages may only be supplied by the passengers of the pedicab. All alcoholic beverages supplied by passengers of the pedicab shall be transported to the community cooler of the pedicab only in enclosed, sealed containers, including sealed wine or beer bottles, sealed growlers, and unopened cans.
(iii) Alcoholic beverages may be consumed by a passenger of the pedicab only while he or she is physically on board and within the pedicab.
(iv) All passengers shall be 21 years of age or older if alcohol is consumed by any passenger during the operation of the pedicab.
(v) Passengers of a pedicab may only consume alcohol from an unbreakable cup or can, including drinking vessels made of plastic, metal, or silicone. Glass is prohibited with the exception of growlers and bottles kept in the trunk or cooler of the pedicab. At all times the passengers of the pedicab, not the operator of the pedicab, shall have ownership and control of the alcohol. Passengers’ cups may be filled from glass containers only when the pedicab is stationary.
(vi) The operator of the pedicab shall at all times be able to establish financial responsibility in a minimum amount of one million dollars ($1,000,000.00) general liability insurance coverage on a per-occurrence basis and an aggregate in a minimum amount of two million dollars ($2,000,000.00).
(vii) The only types of alcohol which may be consumed onboard a pedicab are beer, wine, and cider. Hard alcohol or mixed drinks containing hard alcohol are not permissible.
(viii) When passengers depart the pedicab, opened or partly empty growlers and wine bottles must be closed before departing the pedicab. All other alcohol remaining in open containers must be disposed of instead of carried in public.
(ix) The operator must comply with all applicable rules and regulations of the Oregon Liquor Control Commission, including but not limited to rules and regulations regarding advertisement of the business.
(x) All routes of travel must be preapproved by the Medford Police Department.
(xi) If a passenger becomes visibly intoxicated or disorderly, the operator shall eject said passenger from the pedicab.
(6) Violation of this section constitutes a violation punishable by a fine not to exceed $1,000.