Chapter 6 - Alcoholic Beverages Chapter 6
ALCOHOLIC BEVERAGES*
Sec. 6-1. Hours of sale.
Sec. 6-2. Exposure of private parts at establishments selling alcoholic bev-
erages.
Sec. 6-3. Possession or consumption in public.
*Cross references—Businesses, ch. 26; food service establishments, § 66-86 et seq.; consumption of alcoholic beverages by
minors at open house parties, §94-27.
Land development code reference—Location restrictions for sale of alcoholic beverages, § 2.6.10.
Special act reference—Special acts pertaining to alcoholic beverages, ch. 206.
State law reference—Alcoholic beverages,F.S.chs. 561-567.
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ALCOHOLIC BEVERAGES §6-2
Sec. 6-1. Hours of sale. (c) Penalty. Violation of this section is punish-
able as provided by law for the violation of county
(a) Definitions. The following words,terms and ordinances. Each sale of an alcoholic beverage
phrases,when used in this section, shall have the which occurs outside of the herein established
meanings ascribed to them in this subsection, legal hours shall constitute a separate violation of
except where the context clearly indicates a dif- this section. Prosecution as a misdemeanor shall
ferent meaning: not preclude other remedies available in law and
equity.
(1) "Alcoholic beverages" and the requisite (Ord. No. 78-56, §§ 1, 2, 4; Ord. No. 07-43, § 1)
proof thereof means whiskey moonshine State law references—Local regulation of hours of sale,
whiskey,shine,rye whisky,bourbon,rum, F.S.§§562.14,562.45(2);penalty for ordinance violations,F.S.
gin, vodka, scotch, tequila, brandy, or by § 125.69.
another substantially similar name or Sec. 6-2. Exposure of private parts at estab-
names, which shall be prima facie evi- lishments selling alcoholic bever-
dence that such liquor is intoxicating and
contains more than 4.007 percent of alco- ages.
hol by volume; or the beverage is in a (a) It shall be unlawful for any person main-
container labeled as "beer." "ale," "malt taining, owning or operating a commercial estab-
liquor," "malt beverage," "wine," or "dis- lishment located in the county at which alcoholic
tilled spirits" or is labeled with any other beverages are offered for sale for consumption on
intoxicating liquor name and includes the the premises to suffer or permit:
manufacturer's insignia, name, or trade- (1) Any female person,while on the premises
mark, which labeling is prima facie evi- of said commercial establishment, to ex-
dence that such is an alcoholic beverage; pose to the public view that area of the
also any individual or individuals who by human female breast at or below the
experience in his or her past by handling areola thereof.
or use of such beverage or liquor, or who
by taste, smell, or the drinking of such (2) Any female person,while on the premises
beverage or liquor has knowledge as to of said commercial establishment, to em-
the intoxicating nature thereof, may tes-
tify as to his or her opinion whether such tended to give the appearance of or simu
beverage or liquor is or is not intoxicating, late such portions of the human female
and a verdict based upon such testimony breast as described in subsection (1) of
shall be valid. this subsection.
(3) Any person while on the premises of said
(2) Sold means any transfer of an alcoholic commercial establishment, to expose to
beverage for a consideration, or the serv- public view his or her genitals,pubic area,
ing of an alcoholic beverage by a club buttocks,anus,or anal cleft or anal cleav-
licensed under F.S. tit. XXXIV (F.S. chs. age.
561-568). (4) Any person,while on the premises of said
(b) Hours of sale. No alcoholic beverages may commercial establishment, to employ any
be sold, consumed, served, or permitted to be device or covering which is intended to
give the appearance of or simulate the
served or consumed in any place holding a license
under F.S.tit.XXXII(F.S.chs.561-568)between genitals, pubic area, buttocks, anus, anal
the hours of 2:00 a.m. and 7:00 a.m.; provided,
cleft or cleavage.
however,the hours of prohibition for January 1 of (b) It shall be unlawful for any female person,
each year shall be 5:00 a.m. to 7:00 a.m. Said while on the premises of a commercial establish-
hours of prohibition shall only apply to the unin- ment located in the county at which alcoholic
corporated areas of the county. beverages are offered for sale for consumption on
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§6-2 COLLIER COUNTY CODE
the premises,to expose to public view that area of collecting the deposit or value of the bottle
the human female breast at or below the areola or can itself,nor to any person taking part
thereof,or to employ any device or covering which in a litter control campaign.
is intended to give the appearance or simulate
such areas of the female breast as described (2) The possession of any open container by
herein. any licensed distributor or licensed ven-
dor of alcoholic beverages provided that
(c) It shall be unlawful for any person, while such alcoholic beverage is being trans-
on the premises of a commercial establishment ported solely for commercial purposes.
located in the county at which alcoholic beverages
are offered for sale for consumption on the pre- (3) The transportation of any open container
mises,to expose to public view his or her genitals, of alcoholic beverage in or on any motor
pubic area, buttocks, anus, or anal cleft or anal vehicle provided that such container is in
cleavage, or to employ any device or covering a compartment of the vehicle not readily
which is intended to give the appearance of or accessible to the driver or passengers,
simulate the genitals, pubic area, buttocks, anus such as a trunk, or other nonpassenger or
or anal cleft or anal cleavage. nondriver area of the motor vehicle.
(d) Any person who shall violate any provision (4) The transportation of any open container
of this section shall be guilty of a misdemeanor or consumption of alcoholic beverage in or
punishable by a fine not to exceed $500.00 or on any motor vehicle duly licensed and
imprisonment in the county jail not to exceed 60 operated for hire to transport passengers,
days, or both. such as charter buses, regularly sched-
(Ord. No. 77-62) uled buses,taxicabs,and separate passen-
Cross reference—Offenses involving public morals,§94-86
et seq. ger compartments of limousines,provided
State law reference—Penalty for ordinance violations, the operator thereof is not in immediate
F.S. § 125.69. possession of, or engaged in the consump-
tion of, any alcoholic beverage or open
Sec. 6-3. Possession or consumption in pub- container of alcoholic beverage.
lic.
(5) The operation, for a consideration, of any
(a) Prohibition. It shall be unlawful for any motor vehicle by an individual duly li
person to possess any unsealed or open container tensed and supplied by a chauffeur ser
of any kind which contains any alcoholic Bever- vice, limousine service, taxicab company
age,or to consume any alcoholic beverage,in or on or bus company; provided the operator
a motor vehicle being operated on a public or thereof is not in immediate possession of,
semipublic area open for vehicular travel,or while or engaged in the consumption of, any
on or within any public or semipublic parking lot alcoholic beverage or open container of
or beach access area in the county,but not in or on alcoholic beverage, and is operating the
a motor vehicle. An open container shall be con- vehicle while under and in the scope of
sidered to be in the possession of the operator of a the employment of a chauffeur service,
vehicle if the container is not in the possession of limousine service,taxicab company or bus
a passenger and is not located in a locked glove company. The operator must have in his
compartment,locked trunk or other locked nonpas- possession evidence of employment by a
senger area of the vehicle. bona fide chauffeur service,limousine ser-
vice, taxicab company or bus company.
(b) Exceptions: This section shall not apply to:
(6) Any wine in possession of a duly ordained
(1) Any person engaged in transporting empty minister, pastor, priest or rabbi which is ^`
beverage containers for the purpose of to be used solely during religious services.
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ALCOHOLIC BEVERAGES §6-3
(c) Definitions. The following words,terms and (6) Public or semipublic area open for vehic-
phrases,when used in this section, shall have the ular travel means all public and private
meanings ascribed to them in this subsection, roads, streets, highways, lanes, alleys,
except where the context clearly indicates a dif- parking lots, and parking areas on which
ferent meaning: the public is expressly or implicitly in-
(1) "Alcoholic beverages" and the requisite vited to travel by motor vehicle or which
proof thereof means whiskey, moonshine is otherwise open for vehicular travel. It
whiskey,shine,rye whisky,bourbon,rum, shall not include areas such as golf courses,
gin, vodka, scotch, tequila, brandy, or by go-cart tracks, bike paths, private drive
another substantially similar name or ways or property serving a single dwell-
names, which shall be prima facie evi- ing unit.
dence that such liquor is intoxicating and (7) Public or semipublic parking lot means
contains more than 4.007 percent of alco- any private or public area appurtenant to
hol by volume; or the beverage is in a nonresidential and commercial establish-
container labeled as "beer," "ale," "malt ments used by the public for parking and
liquor," "malt beverage," "wine," or "dis- pedestrian access to such establishments,
tilled spirits" or is labeled with any other including,but not limited to,drives,park-
intoxicating liquor name and includes the ing areas,sidewalks and walkways appur-
manufacturer's insignia, name, or trade- tenant thereto, and any area wherein
mark, which labeling is prima facie evi- motor vehicles are parked by the public in
dence that such is an alcoholic beverage; conjunction with any nonresidential or
also any individual or individuals who by commercial business, enterprise or office
experience in his or her past by handling building.
or use of such beverage or liquor, or who
by taste, smell, or the drinking of such (d) Applicability. This section shall be applica-
beverage or liquor has knowledge as to ble throughout the county.
the intoxicating nature thereof, may tes-
tify as to his or her opinion whether such (e) Penalties. Violation of this section is a mis-
beverage or liquor is or is not intoxicating, demeanor pursuant to F.S. § 125.69, and is pun-
and a verdict based upon such testimony ishable under said section by imprisonment not to
shall be valid. exceed 60 days,or by a fine not to exceed$500.00,
(2) Beach access area means any easement, or by both such imprisonment and fine.
street, alley, right-of-way or other prop-
erty deeded or dedicated to the public for (1) Any person who shall possess any un
the purpose of allowing the public access sealed or open container of any kind which
to beaches across public or private prop- contains any alcoholic beverage or who
erty. shall consume any alcoholic beverage while
operating a motor vehicle on a public or
(3) Container means any cup,glass, can,bot- semipublic area open for vehicular travel
tle, carton or other vessel or receptacle of shall be guilty of a noncriminal moving
alcoholic beverage. traffic violation, punishable as provided
(4) Motor vehicle means any vehicle which is in F.S. ch. 318.
not powered by muscular power. Motor
vehicle does not include a boat. (2) Any person other than an operator of a
vehicle who shall possess any unsealed or
(5) Open container means any container which open container of any kind which contains
is open, which has been opened, which any alcoholic beverage or who shall con-
has its original seal broken, punctured or sume any alcoholic beverage while in or
altered so as to allow the consumption of on a motor vehicle being operated on a
its contents. public or a semipublic area open for ve-
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§6-3 COLLIER COUNTY CODE ^`
hicular travel shall be guilty of a nonmov-
ing traffic violation, punishable as pro-
vided in F.S. ch. 318.
(3) Any person who shall possess any un-
sealed or open container of any kind which
contains any alcoholic beverage or who
shall consume any alcoholic beverage while
outside of and unassociated with a motor
vehicle,but located on or within any pub-
lic or semipublic parking lot or any beach
access area shall be guilty of a misde-
meanor pursuant to F.S. § 125.69, and is
punishable under said section by impris-
onment not to exceed 60 days, or by a fine
not to exceed $500.00, or by both such
imprisonment and fine.
(Ord.No. 87-16, §§ 1-5; Ord. No. 87-73, § 1; Ord.
No. 89-67, §§ 1-3; Ord. No. 07-43, § 2)
Cross references—Offenses involving public peace and
order, § 94-26 et seq.; park use, § 98-56 et seq.; roads and
bridges, ch. 110;traffic and vehicles, ch. 130;waterways, ch.
146.
State law references—Possession of open containers of
alcoholic beverages in vehicles prohibited, F.S. § 316.1936;
preemptive nature of state traffic laws, F.S. §§ 316.002,
316.003;penalty for ordinance violations,F.S. § 125.69.
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Chapters 7-9
RESERVED
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