Prior to the adoption of Ord. 17600 on 02/17/2003, 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) 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.

    (f) A violation of this section is a class B misdemeanor.

(g)    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)