Section 104-093; Ord. 17600; Amending Chapter 4 RE: Alcoholic Beverages; Amending Chapter 16 RE: Possession of Open Containers of Alcoholic Beverages or Consumption of Alcoholic Beverages in Certain Public Places


Ordinance No.           17600               Council Bill No.           B 50-03            
    
AN ORDINANCE

amending Chapter 4 of the City Code relating to alcoholic beverages; amending Chapter 16 of the City Code as it relates to possession of open containers of alcoholic beverages or consumption of alcoholic beverages in certain public places; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 4 of the Code of Ordinances of the City of Columbia, Missouri, is amended by adding the following Section 4-16:

Sec. 4-16.  Presumption.

In prosecutions under this chapter, 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 to both open and sealed containers.  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.

    SECTION 2.  Chapter 16 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be added underlined.

Sec. 16-185. Possession of open container of alcoholic beverage or consumption of alcoholic beverage in certain public places.

. . .

(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.

    SECTION 3.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 17th day of February, 2003.