Section 16-185 Possession of open container of alcoholic beverage or consumption of alcoholic beverage in certain public places.
Prior to the adoption of Ord. 18460 on 03/21/2005, Section 16-185 read as follows.
(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.
(ef) 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.
(fg) A violation of this section
is a class B misdemeanor.
(gh) 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)