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LEGAL DEPARTMENT MEMORANDUM <br /> NO. 2012-07 <br /> August 28, 2012 <br /> TO: Honorable Mayor McElroy and City Council <br /> FROM: Ryan McCrady, City Manager <br /> Wendy Morthland, Corporation Counsel <br /> Mike Frazier, Assistant Corporation Counsel <br /> SUBJECT: Amendment to Chapter 52—Alcoholic Liquor <br /> SUMMARY RECOMMENDATION: The proposed change allows Decatur Police to cite a <br /> violator for an ordinance violation when the person consumes alcohol in a public place or when the <br /> person has in his or her possession an open container of alcohol in a public place. Currently, police <br /> can cite a violator only if the person is consuming alcohol in a public place. Other Illinois <br /> communities, including Normal, Champaign and Carbondale, prohibit possession of an open <br /> container of alcohol in a public place. Other changes correct outdated language. <br /> BACKGROUND: In recent months, police have cited numerous violators for consumption of <br /> alcohol in a public place. In some cases, police respond to a raucous late-night house party that has <br /> spilled onto the sidewalk or into the roadway. In other cases, police have cited people for having <br /> open alcohol downtown or in public places near a tavern. Police also find violators drinking alcohol <br /> in public when police are responding to other reports of criminal activity. <br /> In some cases, as police approach, violators will toss their beverages and run away. Under a strict <br /> reading of the current ordinance, a person is in violation only if the police officer actually sees the <br /> violator drinking in public. The proposed change allows police also to cite violators if police see a <br /> person in a public place with an open container of alcohol. The city's legal department believes the <br /> change will give police another tool to uphold the health, safety and morals of the community. <br /> RECOMMENDATION: Staff recommends passage of the proposed ordinance. <br /> POTENTIAL OBJECTIONS: There are no known or expected objections. <br /> INPUT FROM OTHER SOURCES: None <br /> STAFF REFERENCE: Mike Frazier, Assistant Corporation Counsel, at 424-2807. <br /> BUDGET/TIME IMPLICATIONS: None <br /> cc: John Robinson <br /> Amy Waks <br />