§ 16-39. Alcoholic beverage consumption or possession prohibited in Oren Brown Park, Archie Gordon Park, Pavilion Park, and Buenaventura Lakes Community Center and adjoining park.

It is prohibited and a violation of this Code for any person to purchase, sell, offer for sale, or consume any alcoholic beverage, or have in their possession any open container which contains any alcoholic beverage at, in or on those certain county recreational areas designated as Oren Brown Park, Archie Gordon Park, Pavilion Park, and/or Buenaventura Lakes Community Center and adjoining park, unless such alcoholic beverage is brought into said recreational areas for distribution or consumption under the terms of an alcoholic beverage permit which has been issued by the board of county commissioners. Such illegal portage, possession or consumption shall constitute a violation of this section.

Definitions:

(1)

For the purposes of this section "alcoholic beverage" shall mean any and all beverages or items for consumption containing more than one (1) percent of alcohol by weight. Proof that a beverage being consumed was contained in a bottle or can labeled as beer, ale, malt beverage or malt liquor, liquor of any sort, wine, wine cooler, or other similar name or names, or which bears the insignia, name or trademark of a manufacturer of alcoholic beverages, then such bottle or can shall constitute prima facie evidence that such beverage is an alcoholic beverage.

(2)

For purposes of this section "open container" shall mean any container which is immediately capable of being consumed from, or a container of which the seal has been broken, containing any alcoholic beverage or any mixture containing any alcoholic beverage.

(3)

For the purposes of this section "container" shall mean any cooler, portable icebox, carrier, luggage, thermos, pitcher, can, bottle, bag, box or any other device which may reasonably be used to contain alcoholic beverages.

(Ord. No. 90-30, § 2, 8-13-90; Ord. No. 99-46, § 1, 11-22-99)