§ 6-3. Possession or consumption in public.
(a)
Prohibition. It shall be unlawful for any person to possess any unsealed or open container of any kind which contains any alcoholic beverage, or to consume any alcoholic beverage, in or on a motor vehicle being operated on a public or semipublic area open for vehicular travel, or while on or within any public or semipublic parking lot or beach access area in the county, but not in or on a motor vehicle. An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk or other locked nonpassenger area of the vehicle.
(b)
Exceptions: This section shall not apply to:
(1)
Any person engaged in transporting empty beverage containers for the purpose of collecting the deposit or value of the bottle or can itself, nor to any person taking part in a litter control campaign.
(2)
The possession of any open container by any licensed distributor or licensed vendor of alcoholic beverages provided that such alcoholic beverage is being transported solely for commercial purposes.
(3)
The transportation of any open container of alcoholic beverage in or on any motor vehicle provided that such container is in a compartment of the vehicle not readily accessible to the driver or passengers, such as a trunk, or other nonpassenger or nondriver area of the motor vehicle.
(4)
The transportation of any open container or consumption of alcoholic beverage in or on any motor vehicle duly licensed and operated for hire to transport passengers, such as charter buses, regularly scheduled buses, taxicabs, and separate passenger compartments of limousines, provided the operator thereof is not in immediate possession of, or engaged in the consumption of, any alcoholic beverage or open container of alcoholic beverage.
(5)
The operation, for a consideration, of any motor vehicle by an individual duly licensed and supplied by a chauffeur service, limousine service, taxicab company or bus company; provided the operator thereof is not in immediate possession of, or engaged in the consumption of, any alcoholic beverage or open container of alcoholic beverage, and is operating the vehicle while under and in the scope of the employment of a chauffeur service, limousine service, taxicab company or bus company. The operator must have in his possession evidence of employment by a bona fide chauffeur service, limousine service, taxicab company or bus company.
(6)
Any wine in possession of a duly ordained minister, pastor, priest or rabbi which is to be used solely during religious services.
(c)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1)
"Alcoholic beverages" and the requisite proof thereof means whiskey, moonshine whiskey, shine, rye whisky, bourbon, rum, gin, vodka, scotch, tequila, brandy, or by another substantially similar name or names, which shall be prima facie evidence that such liquor is intoxicating and contains more than 4.007 percent of alcohol by volume; or the beverage is in a container labeled as "beer," "ale," "malt liquor," "malt beverage," "wine," or "distilled spirits" or is labeled with any other intoxicating liquor name and includes the manufacturer's insignia, name, or trademark, which labeling is prima facie evidence that such is an alcoholic beverage; also any individual or individuals who by experience in his or her past by handling or use of such beverage or liquor, or who by taste, smell, or the drinking of such beverage or liquor has knowledge as to the intoxicating nature thereof, may testify as to his or her opinion whether such beverage or liquor is or is not intoxicating, and a verdict based upon such testimony shall be valid.
(2)
Beach access area means any easement, street, alley, right-of-way or other property deeded or dedicated to the public for the purpose of allowing the public access to beaches across public or private property.
(3)
Container means any cup, glass, can, bottle, carton or other vessel or receptacle of alcoholic beverage.
(4)
Motor vehicle means any vehicle which is not powered by muscular power. Motor vehicle does not include a boat.
(5)
Open container means any container which is open, which has been opened, which has its original seal broken, punctured or altered so as to allow the consumption of its contents.
(6)
Public or semipublic area open for vehicular travel means all public and private roads, streets, highways, lanes, alleys, parking lots, and parking areas on which the public is expressly or implicitly invited to travel by motor vehicle or which is otherwise open for vehicular travel. It shall not include areas such as golf courses, go-cart tracks, bike paths, private driveways or property serving a single dwelling unit.
(7)
Public or semipublic parking lot means any private or public area appurtenant to nonresidential and commercial establishments used by the public for parking and pedestrian access to such establishments, including, but not limited to, drives, parking areas, sidewalks and walkways appurtenant thereto, and any area wherein motor vehicles are parked by the public in conjunction with any nonresidential or commercial business, enterprise or office building.
(d)
Applicability. This section shall be applicable throughout the county.
(e)
Penalties. Violation of this section is a misdemeanor pursuant to F.S. § 125.69, and is punishable under said section by imprisonment not to exceed 60 days, or by a fine not to exceed $500.00, or by both such imprisonment and fine.
(1)
Any person who shall possess any unsealed or open container of any kind which contains any alcoholic beverage or who shall consume any alcoholic beverage while operating a motor vehicle on a public or semipublic area open for vehicular travel shall be guilty of a noncriminal moving traffic violation, punishable as provided in F.S. ch. 318.
(2)
Any person other than an operator of a vehicle who shall possess any unsealed or open container of any kind which contains any alcoholic beverage or who shall consume any alcoholic beverage while in or on a motor vehicle being operated on a public or a semipublic area open for vehicular travel shall be guilty of a nonmoving traffic violation, punishable as provided in F.S. ch. 318.
(3)
Any person who shall possess any unsealed or open container of any kind which contains any alcoholic beverage or who shall consume any alcoholic beverage while outside of and unassociated with a motor vehicle, but located on or within any public or semipublic parking lot or any beach access area shall be guilty of a misdemeanor pursuant to F.S. § 125.69, and is punishable under said section by imprisonment not to exceed 60 days, or by a fine not to exceed $500.00, or by both such imprisonment and fine.
(Ord. No. 87-16, §§ 1—5; Ord. No. 87-73, § 1; Ord. No. 89-67, §§ 1—3; Ord. No. 07-43, § 2)
State law reference
Possession of open containers of alcoholic beverages in vehicles prohibited, F.S. § 316.1936; preemptive nature of state traffic laws, F.S. §§ 316.002, 316.003; penalty for ordinance violations, F.S. § 125.69.