[HISTORY: Adopted by the City Council of the City of Lexington as
§ 3-2 of the 1958 Code (Ch. 3 of the 1970 Code). Amendments noted
where applicable.]
[Amended by Ord. No. 03-11]
A.
If any person is intoxicated in public, whether such
intoxication results from alcohol, narcotic drug or other intoxicant or drug
of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In
any area in which there is located a court-approved detoxification center,
a law enforcement officer may authorize the transportation, by police or otherwise,
of public inebriates to such detoxification center in lieu of arrest; however,
no person shall be involuntarily detained in such center.
B.
For the purpose of this section, the term "intoxication"
shall be that set forth in the Code of Virginia, 1950, as amended, in § 4.1-100
as follows: "Intoxicated" means a condition in which a person has drunk enough
alcoholic beverages to observably affect his manner, disposition, speech,
muscular movement, general appearance or behavior.
[1]
Editor's Note: For state law as to alcoholic beverages, see Code of
Virginia, Title 4.1.
[Added by Ord. No. 95-12]
A.
If any person takes a drink of alcoholic beverages or
offers a drink thereof to another, whether accepted or not, or is in the possession
of opened alcoholic beverage containers at or in any public place, including
any City park, playground or public street, such person shall be guilty of
a Class 4 misdemeanor.
B.
Nothing contained in this section shall prevent any person
from drinking alcoholic beverages or offering a drink thereof to another in
any rooms or areas approved by the Alcoholic Beverage Control Board, in a
licensed establishment, provided that such establishment of the person who
operates the same is licensed to sell alcoholic beverages at retail for on-premises
consumption and the alcoholic beverages drunk or offered were purchased therein.
C.
Further, nothing contained in this section shall prevent
any person from drinking alcoholic beverages or offering a drink thereof to
another in any room or area approved by Council and, if required, by the Alcoholic
Beverage Control Board or by the Alcoholic Beverage Control Board at an event
for which a banquet license or mixed beverage special event license has been
granted, nor shall this section prevent, upon authorization of the licensee,
any person from drinking his own lawfully acquired alcoholic beverages or
offering a drink thereof to another in approved areas and locations at events
for which a coliseum or stadium license has been granted.
