§ 658. Transporting an open container of low-point beer.

A.

Except as provided in Subsection B. of this section, it shall be an offense for any operator to knowingly transport or for any passenger to possess in any moving vehicle upon a public highway, street or alley any low-point beer, except in the original container which shall not have been opened and from which the original cap or seal shall not have been removed, unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment in a station wagon or panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor offense and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), excluding costs, fees and assessments, and/or by imprisonment in the City jail for a period of not more than ninety (90) days.

B.

The provisions of Subsection A. of this section shall not apply to the passenger area of buses and limousines; however, it shall be an offense for the driver of the bus or limousine to consume or have in the driver's immediate possession any low-point beer. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor offense and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), excluding costs, fees and assessments, and/or by imprisonment in the City jail for a period of not more than ninety (90) days.

(Ord. Nos. 17527, 18454, 19491; Ord. No. 21982, § 18, 12-18-2008)