§ 6-7. Consumption or possession in public places; consumption on property licensed for off-premises consumption.
(a)
Public parks, buildings, recreation areas and schools. It shall be unlawful for any person to consume or to have in his possession any alcoholic beverage in a publicly owned building, park/recreation area or school within the city unless provided for below:
(1)
City council may approve by resolution a temporary permit to allow possession and consumption of alcohol for a specific location (not listed below) with the consent of the person, group or organization lawfully in charge of the premises and in compliance with any applicable laws.
(2)
The locations listed below do not require a resolution from City Council but are subject to the following conditions:
a.
A temporary alcoholic beverage permit from the state may be necessary with the consent of the person, group or organization lawfully in charge of the premises for the following locations: municipal golf courses, municipal auditorium (Reilly Arts Center), Southeastern Livestock Pavilion, American Legion Building, Discovery Center, Ocala Union Station, "Bolt" building at the Ocala Union Station, City Hall, Citizen Service Center, Ocala International Airport Complex, Downtown Market, Marion Theatre, Brick City Center for the Arts and Ft. King Tennis Center. This subsection shall not impact any site with a permanent alcoholic beverage location permit approved as required by Section 6-33.
b.
A special event permit is required consistent with Chapter 66 (Article IV) of the Code of Ordinances for the following locations: Ocala Regional Sportsplex, Citizens' Circle, Tuscawilla Community Park, Tuscawilla Art Park, Downtown Square, Ft. King National Landmark Site and Martin Luther King Jr. Community Park. A temporary alcoholic beverage permit from the state may be necessary with the consent of the person, group or organization lawfully in charge of the premises.
(b)
Streets, sidewalks and public parking facilities. Except for a licensed sidewalk café, it shall be unlawful for any person to consume or have in his possession any alcoholic beverage in an open container on any city-owned property (street, thoroughfare, sidewalk or alley or on any publicly owned parking facility within the city), unless provided for below:
(1)
Otherwise unlawful consumption or possession shall be lawful during special events in cordoned-off areas on city-owned property or in the municipal district if sold by licensed vendors currently licensed to sell alcohol in the cordoned-off area, or contiguous thereto. Such special events must be recognized by resolution of the city council after a public hearing prior to the proposed special event. If the special event will use any city-owned property, then the cordoned-off area during the special event shall be patrolled by a city police officer or officers, who shall be paid for by the promoter of the special event. If the special event will be completely on private property, then the city police department may, after an evaluation of the security needs of the promoter and the safety of the public, waive the patrol requirement. The number of police officers required at any special event shall be determined by the police department based on its evaluation of the security needs of the promoter and the safety of the public. Such promoter must be licensed to sell alcohol in or contiguous to the cordoned-off area. It shall also be unlawful for any person except the owner or person placed in charge by the owner to consume or have in his possession any alcoholic beverage in an open container on any private property, unless such person is a lawful guest and has the consent of the owner or person in charge of the private property.
(2)
Otherwise unlawful consumption or possession shall be lawful during events held in connection with the operation of the Downtown Market on contiguous cordoned-off areas on city-owned property. Such events must be recognized at least once by resolution of the city council at a public hearing. The resolution shall be limited to the current vendor licensed to sell alcohol at the Downtown Market, and include the location of where the alcohol will be allowed, and whether any police or security are needed to patrol the events. Any changes concerning the licensed vendor at the Downtown Market or location will require a public hearing and new resolution. The licensed vendor shall be subject to the initial probationary period adopted in subsections 6-33(h),(i), and (j) and suspension or revocation procedures adopted in section 6-34.
(c)
Consumption on property licensed for off-premises consumption. No person shall consume any alcoholic beverages on any property which is only licensed to sell alcoholic beverages in sealed containers for off-premises consumption.
(d)
Possession of open container in vehicle. It shall be unlawful for any person to consume or have in his possession any alcoholic beverages in any open container while seated in a vehicle in any of the places identified in subsections (a), (b) or (c) of this section. For violators operating or sitting in a parked vehicle on any "road" as defined by F.S. § 316.1936(1)(b), the penalty for violating this ordinance will be as prescribed by F.S. § 316.1936(6) and F.S. ch. 318.
(Code 1961, § 4-16; Code 1985, § 3-6; Ord. No. 1885, § 1, 12-2-86; Ord. No. 2620, § 1, 7-9-96; Ord. No. 2791, § 1, 10-7-97; Ord. No. 2905, § 1, 11-9-98; Ord. No. 3002, § 1, 11-16-99; Ord. No. 4002, § 3, 11-13-00; Ord. No. 4088, § 1, 9-18-01; Ord. No. 5105, § 1, 10-5-02; Ord. No. 5698, § 1, 7-24-07; Ord. No. 2015-68, § 1, 10-6-15; Ord. No. 2017-13, § 1, 12-6-16; Ord. No. 2018-31, § 1, 6-5-18)