§ 3-5. Open containers in vehicles prohibited; posting of notice by vendors; penalties.

(a)

Definitions. For the purposes of this section, the following words shall have the meanings relatively ascribed to them:

Alcoholic beverages includes any and all beverages containing alcohol including, but not limited to, whiskey, liquors, beer, spirits and wine.

Bus means any vehicle as defined in F.S. § 316.003(3).

Motor vehicle means any vehicle as defined in F.S. § 320.01(1).

Recreational vehicle means any vehicle as defined in F.S. § 320.01(1)(b).

Vendor means any person who owns or operates a business establishment such as a bar or restaurant, which sells at retail any alcoholic beverage for on-premises consumption; and any person who owns or operates a liquor store, or any other business establishment which has retail sales of alcoholic beverages.

(b)

Prohibition on open containers. No person shall transport in any motor vehicle upon any street or highway within the city any alcoholic beverage unless the alcoholic beverage is:

(1)

In the original unopened package, bottle, can or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed;

(2)

In the trunk or any outside compartment of the motor vehicle which is not accessible to any person in the motor vehicle while it is in motion; except, that if a vehicle does not have a trunk or outside compartment, such alcoholic beverage shall be in a closed container, not accessible to the driver or passengers;

(3)

In the exclusive possession of a passenger in a recreational vehicle, bus, or chauffeured limousine-for-hire who is not in the driving compartment of the motor vehicle or who is in a portion of the motor vehicle from which the driver is not directly accessible.

(c)

Posting of notice by vendors. All vendors of alcoholic beverages sold for off-premises consumption shall have posted in a conspicuous place in their premises a sign which is clearly visible and readable to all persons entering the premises which shall read as follows:

WARNING

The City of Tavares Code of Ordinances prohibits the transportation of open containers of alcoholic beverages in motor vehicles within the city limits, except containers carried in the trunk or in the possession of passengers in recreational vehicles, buses or chauffeured limousines-for-hire.

Violation is punishable by up to five hundred dollars ($500.00) fine and sixty (60) days in jail.

(Ord. No. 87-43, 9-16-87)

Cross reference

Buildings and building regulations, Ch. 5; motor vehicles and traffic, Ch. 13; streets, sidewalks and other public places, Ch. 18.