(a) 
Possession or consumption on public property.
(1) 
It shall be unlawful for any person to transport, carry, possess, or have any alcoholic beverage in or upon or about any motor vehicle in or upon the public highways, roads, streets, alleys, sidewalks, or parks within the city, except when such alcoholic beverage is in the original unopened container. Provided, however, that this section shall not apply to any alcoholic beverage that is locked in the trunk or fixed compartment of a motor vehicle in such a manner as to be inaccessible from the interior or to any person riding in such vehicle.
(2) 
It shall be unlawful for any person to have in his or her possession any alcoholic beverage, except in the original unopened container, in or upon any public highway, road, street, alley, sidewalk, or park within the city.
(3) 
It shall be unlawful for any person to consume any alcoholic beverage in or upon any public highway, road, street, alley, sidewalk, or park within the city.
(4) 
In this section, “unopened container” has the meaning assigned in section 109.35 of the TABC.
(b) 
Consumption on premises licensed for off-premises consumption.
(1) 
A person commits an offense if the person knowingly consumes liquor or beer on the premises of a holder of a wine and beer retailer’s off-premises permit or a retail dealer’s off-premises license.
(2) 
A person is presumed to have knowingly violated subsection (a)(1) of this section if the warning sign required by either section 26.05 or 71.10 of TABC is displayed on the premises.
(3) 
A violation of this subsection is punishable by a fine in accordance with the general penalty provided in section 1.01.009.
(c) 
Penalty for consumption on public property.
(1) 
A person commits an offense if the person knowingly consumes liquor or beer on public property as defined in subsection (a) of this section.
(2) 
A violation of this subsection is punishable by a fine in accordance with the general penalty provided in section 1.01.009.
(d) 
Consumption near school.
(1) 
A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, which provides all or any part of pre-kindergarten through twelfth grade.
(2) 
This section does not apply to the possession of an open container or the consumption at an event duly authorized by appropriate authorities and held in compliance with all other applicable provisions of TABC.
(3) 
An offense under this subsection is a class C misdemeanor.
(4) 
In this section, “open container” has the meaning assigned in section 109.35 of the TABC.
(e) 
Enforcement.
The city reserves the right to punish any violations of this section with prejudice within the limits of TABC and title 10, chapter 49 of the Texas Penal Code and any future revision thereto.
(f) 
Definitions.
For the purposes of this section, all definitions, words, terms and phrases set forth in the TABC, as amended from time to time, are hereby adopted and made a part hereof.
(Ordinance adopted 12/8/81; Ordinance 2012-12-17, secs. 2012-12-17.002, 2012-12-17.009, 2012-12-17.010, adopted 12/17/12; Ordinance adopting Code)