§ 21-31.2. Consumption or possession of alcohol in open containers near store selling alcoholic beverages, religious property, and other locations. Signs required in such stores.

(a)

Definitions. The following definitions shall apply for purposes of this section.

(1)

Alcoholic beverage shall mean any beverage containing more than one (1) percent of alcohol by weight.

(2)

Food store selling alcoholic beverages shall mean any food or convenience store which has a license for package sales of alcoholic beverages from the Florida Division of Beverages and Tobacco in the classification 1-APS, 2-APS, or PS.

(3)

Open container means any bottle, can, cup, glass, or other receptacle containing any alcoholic beverage which is open, which has been opened, which has its seal broken, or which has had its contents partially removed.

(4)

Operator shall mean any person physically present at a store defined in Section 21-31.2(a)(2) or (6) who is managing said store or is otherwise in charge of its operation.

(5)

Owner shall mean any person holding an occupational license for a store defined in Section 21-31.2(a)(2) or (6).

(6)

Package store shall mean any store primarily engaged in the business of selling alcoholic beverages which has a license for package sales from the Florida Division of Beverages and Tobacco in the classifications of 1-APS, 2-APS or PS.

(7)

Person shall mean any individual, firm, partnership, joint venture, syndicate or other group or combination acting as a unit association, corporation, or other legal entity and shall include the plural as well as the singular.

(b)

Public nuisance; unlawful acts.

(1)

It is a public nuisance and shall be unlawful and in violation of this section for any person to consume any alcoholic beverage while within one hundred (100) feet of any package store or food store selling alcoholic beverages, property regularly used for religious purposes, community center, senior citizens' center, day care center, funeral home, or school.

(2)

It is a public nuisance and shall be unlawful and in violation of this section for any person to possess an open container of alcoholic beverages while stopping, standing, or remaining within one hundred (100) feet of any package store or food store selling alcoholic beverages, property regularly used for religious purposes, community center, senior citizens' center, day care center, funeral home, or school.

(3)

The owner or operator of any package store or food store selling alcoholic beverages shall prominently post, on the outside of each entrance and on the inside of the main customer exit of each food store selling alcoholic beverage or package store, a sign with contrasting letters at least two (2) inches tall, stating the following:

IT IS UNLAWFUL FOR ANY PERSON TO CONSUME, OR POSSESS, IN AN OPEN CONTAINER, ANY ALCOHOLIC BEVERAGE IN THIS STORE OR WITHIN 100 FEET OF ANY PART OF THIS STORE. VIOLATORS ARE SUBJECT TO ARREST AND PROSECUTION.

(4)

The owner or operator of any package store or food store selling alcoholic beverages shall prominently post, on the outside of the display case and coolers containing alcoholic beverages, a sign which is at least eleven (11) inches by seventeen (17) inches in size, which is plainly visible and legible, stating the following:

IT IS UNLAWFUL TO POSSESS AN OPEN CONTAINER OF ALCOHOL WHILE DRIVING OR RIDING IN A MOTOR VEHICLE. DRIVING UNDER THE INFLUENCE OF ALCOHOL IS UNLAWFUL. VIOLATORS ARE SUBJECT TO IMMEDIATE ARREST AND IMPOUNDMENT OF THEIR VEHICLE. REMEMBER: JUST ONE BOTTLE OF BEER OR OTHER ALCOHOLIC DRINK COULD LAND YOU IN JAIL.

(5)

The signs required by this ordinance shall be posted in English, Spanish and Haitian Creole.

(c)

Area of applicability and exceptions. For the purpose of this section, the area within one hundred (100) feet of any property described in sections (b)(1) and (2) shall be the area within a one hundred-foot radius of any part of such property, but shall not include any property lawfully used for a private residence or any area where possession or consumption of alcoholic beverages is specifically prohibited or permitted by State law or by any license or permit issued pursuant thereto. Nor shall this provision apply to any alcoholic beverage served by a religious organization, community center, senior citizens' center, day care center, funeral home, or school and consumed on its premises as part of a religious service, community meal, or event sponsored by that organization.

(d)

Penalties. A violation of subsection (b)(3) and (b)(4) shall be penalized as follows:

(1)

A first violation will be punishable by a fine of fifty dollars ($50.00);

(2)

A second violation will be punishable by a fine of one hundred dollars ($100.00);

(3)

The third and each additional violation will be punishable by a fine of not less than one hundred fifty dollars ($150.00) or greater than three hundred dollars ($300.00), or by imprisonment of not less than ten (10) days or greater than thirty (30) days in jail, or both.

Any person violating any of the provisions of subsection (b)(1) or (b)(2) shall be punished by:

(1)

A fine not to exceed five hundred dollars ($500.00);

(2)

Imprisonment in the county jail for a period not to exceed sixty (60) days;

(3)

Both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;

(4)

Fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or

(5)

Completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.

(Ord. No. 87-66, § 2, 10-6-87; Ord. No. 94-30, § 1, 2-1-94; Ord. No. 04-94, § 1, 5-11-04; Ord. No. 05-182, § 1, 10-18-05; Ord. No. 10-52, § 6, 9-21-10)