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. 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
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
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)