(a) It shall be unlawful for any person under 21 years of age to possess or consume ethyl alcohol in any store, in any public place or area open to the public, including alleys, highways, roads, streets and ways, or upon property owned by either the state or the City, or inside a vehicle while upon alleys, highways, roads, streets and ways.

(b) Except as stated below, it shall be unlawful for any person to consume or have in his or her possession any open, or unsealed container of malt, vinous, or spirituous liquor, as defined in section 6-1 of this Code, in any public place or area open to the public, including but not limited to, inside a vehicle while upon any street, road, or highway, except on any premises licensed to sell such liquor by the drink or consumption thereon during such hours as the sale of such liquor is permitted. This subsection shall not apply to city parks, recreation and open space facilities regarding the consumption of malt or vinous liquors, which may be permitted.

(c) The possession of any glass container within any park or recreation area of the City is unlawful, unless the glass container is and remains in a vehicle located in such park or recreation area and the contents are not being consumed in the vehicle.

(d) In addition to subsections (a) through (c) of this section, it shall be unlawful for any person who is a spectator or participant at any scheduled athletic event in any park or recreation area within the City or any area designated or used for park or recreation purposes to have in his or her possession any open container of ethyl alcohol. An athletic event shall be deemed to have been scheduled if either the time and location has been established by the city parks and open space department or a park or recreation area has been reserved by a private organization for an athletic event; provided, however, that athletic events at city-owned golf courses shall not be deemed athletic events.

(e) The terms of subsections (b) and (d) of this section shall not apply where a special events permit has been granted pursuant to state law or where a permit to use a city-owned recreation facility has been granted for the purposes of conducting a private party at which guests may attend by invitation only and at which there is no sale of ethyl alcohol, direct or indirect.

(f) It shall be unlawful for any person under 21 years of age to obtain or attempt to obtain any ethyl alcohol by misrepresentation of age or by any other method in any place where ethyl alcohol is sold.

(g) It is unlawful for the parent, guardian, or other adult person having the duty of care and custody of a person under the age of 18 years to knowingly allow or permit such juvenile to violate subsection (a) or (f) of this section.

(h) For purposes of this section "unsealed" means that the regular seal or cap applied by the manufacturer or required by the United States government has been broken or removed. Any container which is not intended for the lawful sale or distribution of malt, vinous, or spirituous liquors and found to contain malt, vinous, or spirituous liquors shall be deemed open or unsealed.

(i) For purposes of this section "possession" means that a person has or holds the involved container on his or her person or such container is within the immediate presence and control of that person.

(j) It shall be an affirmative defense to a violation of subsection (b) that the opened or unsealed container was, at all times material to the alleged violation, kept in that area of a motor vehicle which is designed for transporting cargo. The affirmative defense shall not include situations where the container is located on or under any passenger seat in the vehicle. (Code 1979, § 27-73; Ord. No. 2019-18, § 1, 5-20-2019; Ord. No. 2002-57, § 3, 10-14-2002; Ord. No. 2001-15, §§ 1, 2, 4-2-2001; Ord. No. 95-52, exhibit A (§ 27-73), 9-11-1995)