§ 113.02. PROHIBITION OF CONSUMPTION OR POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.

(A)

Within this City it shall be unlawful for any person to consume alcoholic beverages or have in his/her possession any open container containing an alcoholic beverage while such person is:

(1)

On the public streets, sidewalks, alleys and other rights-of-way with the exception that seated patrons of a permitted sidewalk cafe may consume alcoholic beverages;

(2)

On the beach;

(3)

In public parks, provided, however, that patrons of the restaurants located at the Delray Beach Municipal Golf Course and Lakeview Golf Course may consume alcoholic beverages on the Delray Beach Municipal Golf Course and Lakeview Golf Course when they are golfing, and patrons attending an Old School Square, Inc. event at Old School Square, patrons attending an event at the Delray Beach Arts Garage/Arts Warehouse, or a Delray Beach Tennis Center event at the Delray Beach Tennis Center may consume alcoholic beverages during the event;

(4)

In motor vehicles or trailers; or

(5)

On business property outside the building with the exception that patrons seated at permanent tables provided by the business may consume alcoholic beverages.

(B)

Any person may request that the City Manager waive the applicability of subsection (A) for certain public functions or affairs. The City Manager shall have seven (7) days to consider such a request and if denied, the applicant may appeal the denial of the request to the City Commission. Such appeal to the City Commission must be made within seven (7) days and will be considered by the City Commission within thirty (30) days of the denial.

(Ord. No. 4-90, passed 2/27/90; Am. Ord. No. 28-91, passed 2/26/91; Am. Ord. No. 11-98, passed 3/3/98; Ord. No. 46-11, § 1, passed 1/3/12)

Cross reference

Penalty, § 113.99