108 of 1994 - Unlawful consuming of an alcoholic beverage, opening a container of an alcoholic beverage, or posses0 94-1
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SALT LAKE CITY ORDINANCE
No. 108 of 1994
(Unlawful consuming of an alcoholic beverage,
opening a container of an alcoholic beverage,
or possessing an open container of an
alcoholic beverage, each in a public place)
AN ORDINANCE ADDING SECTION 11.12.065 TO THE SALT LAKE CITY
CODE, RELATING TO UNLAWFULLY OPENING, POSSESSING OR CONSUMING AN
ALCOHOLIC BEVERAGE IN A PUBLIC PLACE.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 11.12.065 of the Salt Lake City
Code, relating to unlawfully opening, possessing or consuming an
alcoholic beverage in a public place, be, and the same hereby is,
added to read as follows:
11.12.065 Unlawfully opening, possessing or consuming an
alcoholic beverage in a public place.
A. Unlawful to have open containers of alcohol in
designated areas. No person shall open, possess an open, or
consume from an open bottle, can or other receptacle containing
an alcoholic beverage in an unpermitted public place.
B. Definitions.
1. Unpermitted public place. "Unpermitted public
place," as used in this section, means:
(a) Any street, right-of-way, sidewalk, alley,
publicly owned property or state or county road located
within the Salt Lake City limits and which abuts upon
(i) any county or city owned real property, (ii) any
business required to have a Salt Lake City business
license pursuant to Chapter 2 of Title 5, Salt Lake
City Code;
(b) Boarded or abandoned commercial buildings;
(c) Vacant lots in areas zoned for commercial or
manufacturing uses; or
(d) Any publicly owned building or publicly owned
real property.
"Unpermitted public place" shall not mean or include a
premises or area identified in a license or permit issued by
the City as authorizing the possession or consumption of
alcohol, when there is conformance with the applicable
license or permit restrictions; businesses specifically
permitted under Title 6 of this code; business licensed as
home occupations as defined in Title 21 of this code; or
apartment houses as defined and licensed in accord with
Chapter 14 of Title 5 of this code.
2. Alcoholic beverages. "Alcoholic beverage", as
used in this chapter, shall mean "beer" and "liquor" as
defined in 32A-1-101, Alcoholic Beverage Control Act, Utah
Code Annotated, or its successor.
3. Open bottle, can or other receptacle. "Open
bottle, can or other receptacle", as used in this chapter,
shall mean a container having within it an alcoholic
beverage, which container has been opened, its seal broken
or the contents of which have been partially consumed.
2
C. Penalty. An offense under this section is designated
as a class "C" misdemeanor.
SECTION 2. EFFECTIVE DATE. This ordinance shall become
effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this
15th day of November
ATTEST:
, 1994.
CHAIRPERSON
Transmitted to the Mayor on November 15, 1994
Mayor's Action:
ATTEST:
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Ap.roved. Vetoed.
MAYOR
Bill of 1994.
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