§ 2-3-3. Possession and consumption of alcoholic beverages, open containers.

(a)

It is unlawful for any person to possess an open container of alcoholic beverage or to consume an alcoholic beverage in the following places:

(1)

In or upon any public street or sidewalk or any real property owned or maintained by Manatee County, where such public street or sidewalk or real property is within three hundred (300) feet of any alcoholic beverage establishment;

(2)

In or upon any parking lot, vacant lot or area or parcel of real property or in any vacant or abandoned residential, commercial, or other structure where such lot, area, parcel, or structure is adjacent to or within three hundred (300) feet of an alcoholic beverage establishment;

(3)

In or on any premises of an alcoholic beverage establishment unless such establishment's state license authorizes on-premises consumption of alcoholic beverages.

(b)

It is unlawful for any operator of an alcoholic beverage establishment that is not licensed for on-premises consumption to allow or permit any person to possess an open container of alcoholic beverage or to consume an alcoholic beverage on the premises of such establishment.

(c)

The prohibitions in subsections (a)(1) through (3), above, do not apply:

(1)

To any private residence;

(2)

To a duly licensed alcoholic beverage establishment whose license allows consumption of alcoholic beverages on the premises and which is located within three hundred (300) feet of another alcoholic beverage establishment;

(3)

To the possession of any open container collected by any person engaged in picking up empty containers for the sole purpose of collecting the deposit or value of the bottle or can itself or by any person picking up such containers for the purpose of recycling or taking part in a litter control campaign, provided that no alcoholic beverage is consumed by such person from any open container;

(4)

To the possession of any open container of alcoholic beverage by any duly ordained or authorized minister, pastor, priest, rabbi and any other similarly designated person or persons, but only for purposes specifically related to the fulfillment of such person's religious duties, or any person to whom such minister, pastor, priest, rabbi or other designated person is administering sacraments or religious rites;

(5)

To the possession of any open container of alcoholic beverage by any code enforcement officer, law enforcement officer or employee of a law enforcement agency, but only while in the authorized performance and scope of such person's lawful and official duties;

(6)

To the possession of any open container or consumption of alcoholic beverage by any person at an activity or event authorized or permitted by the board of county commissioners or the Manatee County Civic Center authority, provided that the authorization or permit specifically allows the possession and consumption of alcoholic beverages at the activity or event on property owned or controlled by the county or the civic center authority.

(d)

It is unlawful for any person to urinate or defecate in a public place except in restroom facilities set aside for such purposes.

(Ord. No. 06-42, § 5, 5-23-06)