§ 154.107. Sale and consumption of alcoholic beverages in municipal parks or on City-owned or -leased property; penalty.

(a)

Except as provided in this Section, it shall be unlawful and a class B offense for any person to sell, serve or consume any alcoholic beverage upon public streets or sidewalks, at any City park or playground, at or in any City building or on any property owned, leased or occupied by the City. Property leased by the City means property not owned by the City but subject to a lease agreement granting the City the right to possess or occupy the property. Property occupied by the City means property neither owned nor leased by the City but in or upon which the City has an apparent right of occupancy.

(b)

The City shall have no duty to provide notice or otherwise post warnings or signs at any park, playground, building, sidewalk, street, or other structure or property to validate or enable the enforcement of the prohibitions on the sale, service or consumption of alcoholic beverages on City property as set forth herein. Persons desiring to sell, serve, or consume alcoholic beverages have the duty to determine the status and ownership of the property on which they desire to do so.

(c)

Alcoholic beverages, which have been purchased or served from a City-owned or -leased location, may be sold, served and consumed at any time at the following locations:

(1)

Jacksonville Veterans Memorial Arena;

(2)

Times Union Center for the Performing Arts;

(3)

EverBank Field;

(4)

Amphitheater;

(5)

Covered Flex Field;

(6)

Baseball Grounds of Jacksonville;

(7)

Metropolitan Park;

(8)

St. Johns River Park (a.k.a. Friendship Park);

(9)

St. Johns Marina;

(10)

James P. Small Park;

(11)

Prime F. Osborn, III Convention Center;

(12)

Drew Park;

(13)

Ritz Theatre and LaVilla Museum;

(14)

The Equestrian Center;

(15)

Hanna Park;

(16)

Sister's Creek Marina;

(17)

The Jacksonville Main Library;

(18)

Jacksonville Skeet and Trap Club, Inc. facility located at 12125 New Berlin Road;

(19)

Lonnie Miller Regional Park; and

(20)

Unity Plaza Park; Notwithstanding the preamble in paragraph (c) above, in connection with Unity Plaza Park, alcoholic beverages may be sold, served and consumed within Unity Plaza Park as authorized by the manager of Unity Plaza Park and as otherwise consistent with State of Florida law and City Municipal Code requirements.

(21)

Any other property owned or leased by the City where the Mayor, or his authorized designee, determines that the sale, service or consumption of alcoholic beverages would be in the best interest of the City. The best interest of the City means that the Mayor, or his designee, has reviewed the following factors and determined that their net overall impact is beneficial to the City and the public as a whole:

(i)

The likely public safety, public health, economic, and other similar or related impacts on the property and surrounding community;

(ii)

The availability of law enforcement and fire-rescue personnel and insurance and indemnification for events on or about the property; and

(iii)

The likely fiscal/economic impacts on the City; arising from a designation that the property be available for the sale, service or consumption of alcoholic beverages.

(d)

Notwithstanding the provisions for the sale of alcoholic beverages as set forth in subsection (c) of this Section, the sale, service and consumption of alcoholic beverages shall not be allowed at the following types of events:

(1)

Any event at which the average age of the participants or the spectators, in the opinion of the Mayor, or his authorized designee, is under the age of 21;

(2)

Any event sanctioned by a governing body when the rules of that body prohibit the sale, service and consumption of alcoholic beverages at such events;

(3)

Any event at which the City, lessee, or sponsoring organization of the event specifically requests in writing to the Mayor, or his authorized designee, that alcoholic beverages not be sold, served or consumed at such event; and

(4)

Any events at which the sale, service and consumption of alcoholic beverages is otherwise prohibited by local, state or federal law.

(e)

Nothing in this Section shall be interpreted as permitting any person or entity, other than the City, to sell, serve or consume alcoholic beverages on public streets or sidewalks, at any City park or playground, at or in any City building, or at or on any other City-owned or -leased property unless that person or entity has first obtained by lease, permit, contract or other agreement the right to be on and utilize that City property, has executed a hold harmless agreement indemnifying the City and has obtained adequate insurance coverage. The hold harmless agreement and proof of insurance coverage shall both be approved in form and content by the Office of General Counsel and by the Risk Management Activity. Based on the information presented to him by the person wishing to utilize the City-owned or -leased premises, the Mayor, or his authorized designee shall, prior to the grant of a right to use the property, make a determination as to whether the provisions of subsection (b) apply to that event. If any of such information, as it pertains to the prohibitions of subsection (b) of this Section, is found to be false or incorrect, the right to utilize the premises may be revoked or cancelled by the Mayor, or his authorized designee.

(f)

Any person selling or serving alcoholic beverages on public streets or sidewalks, at any City park or playground, at or in any City building, or at or on any City-owned or -leased property pursuant to this Section shall, prior to any such sale or service, obtain, if required, the proper permit or license from the state.

(g)

The provisions of this Section shall not apply to any lease, permit, contract or other agreement approved by the Council, which contains provisions concerning the sale, service and consumption of alcoholic beverages therein that are contrary to or conflict with the provisions of this Section; the provisions, as they relate to alcoholic beverages, in such lease, permit, contract or other agreement shall be controlling.

(h)

Any officer or employee of the City violating any provision of this Section shall also be subject to suspension or dismissal.

(i)

Alcoholic beverages, whether purchased or served from a City-owned or -leased location or not, may be consumed within the Sports Complex Area (Figure 1) during the Event Period at the following events:

(1)

The Florida Georgia Football Game;

(2)

Atlantic Coast Conference (ACC) Championship(s);

(3)

The Gator Bowl;

(4)

World of Nations;

(5)

Jacksonville Jazz Festival;

(6)

Spring Music Festivities;

(7)

Skyblast/July 4th;

(8)

12 Ticket Events at Metropolitan Park;

(9)

Bethune-Cookman Events;

(10)

FAMU Events;

(11)

Fairground Events;

(12)

Jacksonville Suns games;

(13)

Jacksonville Jaguar games;

(14)

Baseball Grounds of Jacksonville events;

(15)

Alltel Stadium events;

(16)

Arena Events; or

(17)

Any other events at City facilities within the Sports Complex Area the Council of the City deems special.

The "Alltel Stadium Event Period" means the time period running from 8:00 a.m. the day before an event to 11:59 p.m. the day after the event. The provisions of Section 154.108 are waived during this time period.

(j)

Nothing contained in this Section is intended to encourage, promote or otherwise sanction or provide a defense for conduct that is unlawful under federal, state or local law including, but not limited to, disorderly intoxication, driving under the influence of alcohol, or possession of illegal substances.

(k)

Nothing contained in this Section is intended to limit the lawful discretionary authority of the Jacksonville Sheriff's Office to enforce or not enforce the provisions herein as permitted by statute, case law or other legal enactment.

(l)

Nothing contained in this Section is intended to affect the prosecution of selective enforcement claims under the federal or state constitutions based on race, gender, ethnicity or other suspect categories as such claims are currently defined under well-established case law.

(Code 1965, § 4-15; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-998-398, § 1; Ord. 79-586-294, § 1; Ord. 83-591-400, § 1; Ord. 83-1156-554, § 1; Ord. 83-1238-644, § 1; Ord. 84-252-108, § 1; Ord. 85-127-64, § 1; Ord. 85-1567-819, § 2; Ord. 95-379-292, § 3; Ord. 1999-776-E, § 3; Ord. 2005-647-E, § 1; Ord. 2005-783-E, § 1; Ord. 2006-237-E, § 3; Ord. 2006-1376-E, § 1; Ord. 2014-612-E, § 2; Ord. 2016-729-E , § 3; Ord. 2017-588-E , § 2; Ord. 2017-657-E , § 1)

Editor's note— Section 1 of Ord. 81-568-224, effective July 29, 1981, provides as follows: "The prohibition contained in Section 412.106, Ordinance Code [this Section] against the sale and consumption of alcoholic beverages on property leased, owned or otherwise occupied by the City (except for certain facilities not relevant in this ordinance) shall not apply to the annual `Mayport and All That Jazz Festival.' The Council specifically authorizes the sale and consumption of alcoholic beverages, except 14 percent or more by weight alcoholic beverages, during the festival by persons providing food and drink and by persons attending the festival."

Note— Former § 412.106.