STURGIS - Sturgis' open container ordinance will remain unchanged.

The proposed amendment would have allowed the city council to consider open containers in connection with the annual Sturgis Motorcycle Rally as a special event.

The proposed amendment failed due to a lack of a second for a second reading Monday night.

Many residents who attended the meeting opposed the amendment. "We have enough bars in Sturgis," Danny Winter explained.

Winter said the people need to keep Sturgis for their families. He added he doesn't want to see change in the wrong direction.

Sturgis City Attorney Candi Thomsen said an emerging issue dealt primarily with a state law regulating how a public place is defined. She explained a person is not allowed to consume or possess alcoholic beverages within a public place.

The city currently has authority to allow possession and consumption on public streets. Thomsen added, however, the city does not have authority to allow consumption and possession within private businesses.

Thomsen went on to say this would create an enforcement issue. Carrying an alcoholic beverage into any of those areas is a Class 2 misdemeanor, she added.

Another issue addressed if one or more permits could be issued. "The state suggests you should only allow it for 24 hours," Thomsen said. She added the law does not say whether a 24-hour permit could be allowed three consecutive times.

The proposed change originally came from the Sponsorship and Rally Task Force committees. Sturgis Mayor Maury LaRue explained a recommendation was to ponder the possibility of expanding the ordinance.

First reading was held June 1, and LaRue said due diligence was done since then. He added some things were discovered which conflict with the city's ultimate goal.

Thomsen said current ordinance prohibits the sale or consumption of alcohol in public places. A procedure allows the city council may use a resolution to close part of a public street for a special event.

"Under that resolution, the closed street is no longer considered a public place," Thomsen explained. This has mainly been done in connection with street dances and other events.

The ordinance currently places a 24-hour limitation, which is consistent with state law, according to Thomsen.

She added that under the proposed amendment, the city council could use a resolution to allow possession and consumption of alcohol within a designated area.

No restrictions were placed on the area's size in the proposed amendment. If it expanded beyond a small roped-off area of public street, Thomsen continued, the applicant would need to provide a safety plan.

The council could include within its resolution a requirement for a specifically identified paper or plastic cup to be used, she said.

"The amended ordinance, and possibly even the current ordinance, could be used with other special events," Thomsen commented.