[Adopted 11-18-1980 as Section I of Ord. No. 0.15.80]
As used in this chapter, the following terms
shall have the meanings indicated:
Any liquid or solid capable of being converted into a fluid,
suitable for human consumption and having an alcoholic content of
more than 1/2 of 1% by volume, including alcohol, beer, lager beer,
ale, porter, naturally fermented wine, treated wine, blended wine,
fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed, fermented or distilled liquors fit for use
for beverage purposes, or any mixture of the same and fruit juices.
A person shall be deemed to "consume" if he drinks, swallows or imbibes any fluid or solid capable of being converted into a fluid as defined in the definition of "alcoholic beverage" in this section. A person shall be presumed to have consumed such alcoholic beverage in violation of the provisions of §§ 6-19 and 6-22 if the owner or other person in physical control of the alcoholic beverage is in close proximity to him, the alcoholic beverage is not sealed or has been partially consumed and he emits an odor of alcoholic beverage coming from his person or exhibits physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages; or a person is in possession of an alcoholic beverage that is not sealed, has been partially consumed or is in a container such as a glass or cup and the person emits an odor of alcoholic beverage coming from his person or exhibits physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages.
A person shall be deemed to "intend to consume an alcoholic beverage" in violation of §§ 6-19 and 6-22 of this chapter if that person is in physical custody of an alcoholic beverage in container such as a glass or cup or an alcoholic beverage in an unsealed or open bottle, can or other such beverage container which has been partially consumed.
A person shall be deemed to be "in possession of an alcoholic
beverages" within the meaning of this ordinance if he intends to or
does exercise custody, control or dominion over such alcoholic beverage;
provided, however, that actual physical or manual possession is not
required if the intention to exercise such custody, control or dominion
over the alcoholic beverage is manifested from the direct or circumstantial
evidence where it is reasonable to infer that the capacity to do so
exists. Possession, custody or control need not be exclusive, but
may be jointly exercised by two or more persons. A person shall be
presumed to be jointly in possession, custody or control of the alcoholic
beverage if the owner or person in physical control of the alcoholic
beverage is in close proximity to him, and the alcoholic beverage
is not sealed or has been partially consumed.
Any place which is not a public place as defined below.
Any place, either publicly or privately owned, which is or
may be frequented by the public.
