§ 18A.09-1. "Alcoholic Beverages" Defined: Rules of Evidence in Prosecutions for Violations of Section 18A.09(n).

(1)

For purposes of Section 18A.09(n), "Alcoholic beverage" means all beverages containing more than one percent (1%) of alcohol by weight and shall include those beverages deemed intoxicating as provided in Section 33.15 of this Code.

(2)

In all prosecutions for violations of Section 18A.09(n), manufacturer's label on the beverage container shall be prima facie evidence that the substance in such container was and is an alcoholic beverage as defined in this section.

(3)

Any person or persons who by experience in the past in the handling or use of alcoholic beverages, or who by taste, smell, or the drinking of such beverages has knowledge as to the alcoholic nature thereof, may testify as to his opinion whether such beverage is or is not alcoholic, and a verdict based upon such testimony shall be valid.

(4)

It shall be a defense, if properly plead and proved by the defendant, to prosecution for a violation of Section 18A.09(n) that a valid permit issued in accordance with Chapter 33 of this Code, was in effect at the time of arrest which permit specifically authorized the conduct for which the arrest was made.

(Ord. of 1-5-1981, § 1; Ord. of 6-6-1983, Doc. #17811; Ord. of 11-28-1994, Doc. #28061)