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 West Palm Beach
 Code of Ordinances
 Chapter 6. ALCOHOLIC BEVERAGES

  § 6-6. Sale or possession of alcoholic beverages in unsealed containers and consumption of alcoholic beverages in public places and in public view.  

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  • (a)

    It shall be unlawful for any person to consume or have in his possession any cup, can, or other open or unsealed container containing any alcoholic beverage on public rights-of-way, streets, or other public places, unless duly authorized by the city.

    (1)

    As used in subsection (a) of this section, the term "open or unsealed container" means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption, or the seal of which has been broken.

    (2)

    An open or unsealed container shall be considered to be in the possession of a person if the container is in the physical control of such person.

    (b)

    It shall be unlawful for any vendor licensed to sell alcoholic beverages within the city, or its agents or employees, to knowingly allow any person to take from the licensed premises any opened beer, wine, liquor, or other alcoholic beverage container, or to knowingly allow any person to take from the premises any glass or other open or unsealed container of an alcoholic beverage.

    (c)

    It shall be unlawful for any property owner and/or operator of a business, its agents, servants or employees to allow any person to publicly consume alcoholic beverages on the exterior of a business, including parking areas, lots, and alleys, when any part of such area is owned, rented, leased, regulated, controlled, or provided, directly or indirectly, by such licensed vendor or by any agent, servant or employee of such licensed vendor.

    (d)

    All establishments dealing in alcoholic beverages shall at all times when such an establishment is open to the public, or is selling alcoholic beverages, have a sign in all parking areas and alleys adjacent to such establishments, which can be readily seen by all customers of the establishment, and which is at least six by eight and one-half inches in size, with three-inch minimum, legible, black letters, with sufficient light directed thereon to be visible during the hours of darkness, containing the following information:

    "IT IS UNLAWFUL TO CONSUME OR POSSESS OPEN CONTAINERS OF ALCOHOLIC BEVERAGES ON THIS PROPERTY. UP TO $500.00 FINE OR 60 DAYS IN JAIL OR OTHER PENALTY PER CITY CODE."

    (e)

    If any licensed vendor mentioned in this section be corporate, then the officers of the corporation shall be regarded as the owners thereof, for the purpose of enforcement of this section.

    (f)

    The prohibitions contained in this section shall not apply to special events permitted by the city and held on public rights-of-way or other public property. However during any special event or within a special event area, all alcoholic beverage establishments and mobile vendors selling alcoholic beverages must serve alcoholic beverages in non-glass containers. This requirement applies to mobile beer stands within an event area.

(Ord. No. 4394-11, § 1, 1-23-2012)