Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS*
Section 16-185 Possession of open container of alcoholic beverage or consumption of alcoholic beverage in certain public places.
(a) It shall be unlawful for any person to possess any alcoholic
beverage on any street,
sidewalk or city parking facility unless such alcoholic beverage is in the original container and
the seal is unbroken.
(b) It shall be unlawful for any person to consume any alcoholic
beverage on any street,
sidewalk or city parking facility.
(c) The definition of "alcoholic beverages" contained
in Chapter 4 shall apply to this section.
(d) This section shall not apply to possession or consumption
of any alcoholic beverage in a
licensed motor vehicle.
(e)
This section shall not apply to the possession or consumption of alcoholic beverages
served by an establishment licensed under Sec. 4-48 of this code provided that the restrictions of
that section are observed.
(
f
) The city council may temporarily exclude any street from the provisions of
this section in
connection with the temporary closing of the street for a special event.
(
g
) A violation of this section is a class B misdemeanor.
(
h
) In prosecutions under this section, there is a rebuttable presumption that
a container
marked or labeled as containing an alcoholic beverage actually contains the described alcoholic
beverage. This rebuttable presumption applies only in cases where a sample of the contents of the
container has been preserved and is available to the defendant for testing.
(Ord. No. 14048, § 1, 5-2-94; Ord. No. 17600, § 2, 2-17-03; Ord. No. 18460,
§ 2, 3-21-05)
(Ord. 18460, Amended, 03/21/2005, Prior Text; Ord. 17600, Amended, 02/17/2003, Prior Text)