§ 33.06. Open Containers of Alcohol on Public Property Prohibited; Exceptions.

(a)

It is hereby made unlawful and a violation of this subsection to sell, consume, or possess any alcoholic beverage in any open or unsealed container, at or within any public property within the corporate limits of the City, including, but not limited to, any public building, facility, park, playground, recreational facility, street, sidewalk, right-of-way, parking lot, and any other property owned or controlled by the City of Orlando.

(b)

The following locations are exempt from the prohibitions of subsection (a) above:

1.

The sale, consumption, and possession of alcoholic beverages is permitted at or within a public building or facility when specifically authorized by the terms of any lease, concession agreement, or other agreement approved by City Council, and in compliance with the Beverage Laws.

2.

The sale, consumption, and possession of alcoholic beverages is permitted at or within Leu Gardens when specifically authorized by the Executive Director of Leu Gardens, or his or her designee, under such terms as the Executive Director, or his or her designee, may impose for the protection of the health, safety, and welfare of the public, and in compliance with the Beverage Laws.

3.

The sale, consumption, and possession of alcoholic beverages is permitted at or within Heritage Square when specifically authorized by the Executive Director of the Orange County Regional History Center, or his or her designee, under such terms as the Executive Director, or his or her designee, may impose for the protection of the health, safety, and welfare of the public, and in compliance with the Beverage Laws.

4.

The sale, consumption, and possession of alcoholic beverages is permitted at or within the following locations when specifically authorized by the Director of the Orlando Venues Department, or his or her designee, under such terms as the Director, or his or her designee, may impose for the protection of the health, safety, and welfare of the public, and in compliance with the Beverage Laws;

A.

The Amway Center.

B.

The Florida Citrus Bowl.

C.

The Mayor Bob Carr Performing Arts Centre.

D.

The Mennello Museum.

E.

Tinker Field.

F.

The Orlando soccer stadium.

G.

Public parking lots and pedestrian areas immediately adjacent and contiguous to the Amway Center, the Florida Citrus Bowl, the Orlando soccer stadium, and Tinker Field.

5.

The sale, consumption, and possession of alcoholic beverages is permitted at or within buildings, facilities, parks, and recreational facilities owned or controlled by the City when specifically authorized by the Chief Administrative Officer, or his or her designee, under such terms as the CAO, or his or her designee, may impose for the protection of the health, safety and welfare of the public, and in compliance with the Beverage Laws; provided, however, that authorization by the CAO is not required if the sale, consumption, and possession of alcoholic beverages is authorized pursuant to subsections 1, 2, 3, or 4 above.

6.

The sale, consumption, and possession of alcoholic beverages is authorized on any public street, sidewalk, alley, or right-of-way under any of the following circumstances:

A.

When authorized by a sidewalk café permit issued pursuant to section 54.28 of this Code, and in compliance with the Beverage Laws.

B.

When authorized by an outdoor public assembly permit issued pursuant to Chapter 18A of this Code, and in compliance with the Beverage Laws.

C.

When specifically authorized by the Chief of Police, or designee, under such terms as the Chief of Police, or designee, may impose for the protection of the health, safety, and welfare of the public, and in compliance with the Beverage Laws.

(Ord. of 6-24-2002, § 5, Doc. #020624701; Ord. of 6-21-2004, § 1, Doc. #040621912; Ord. No. 2012-31, § 1, 4-22-2013, Doc. #1304221204; Ord. No. 2013-60, § 8, 12-9-2013, Doc. #1312091201)

Editor's note

Ord. of 6-24-2002, § 3, Doc. #020624701, repealed the former § 33.06 and enacted in lieu thereof new § 33.06 as set out herein. The former § 33.06 pertained to purchase, sale, possession, etc., in parks, playgrounds, recreation areas or public parking lots, and derived from Ord. of 4-5-1982, Doc. #16891; Ord. of 12-12-1983, Doc. #18227; Ord. of 9-22-1986, Doc. #20620; Ord. of 12-8-1986, Doc. #20792; and Ord. of 11-9-1987, Doc. #21641.