(a) The following unlawful acts are prohibited:
(1) It shall be unlawful for any person to drink or consume any alcoholic beverage in or within five hundred (500) feet of a commercial establishment parking lot in the City of Boynton Beach, except in those areas in which consumption is permitted pursuant to the beverage law; special or general act of the state legislature; the Florida Administrative Code; or city ordinance, resolution or administrative approval. Nothing herein shall prohibit consumption on private property within five hundred (500) feet of a commercial establishment parking lot; provided that the owner or person in control of said private property has explicitly consented to such consumption.
(2) It shall be unlawful for any person to possess any alcoholic beverage in or within five hundred (500) feet of a commercial establishment parking lot in the City of Boynton Beach except in those areas in which such possession is permitted pursuant to beverage law; special or general act of the state legislature; the Florida Administrative Code; or city ordinance, resolution or administrative approval unless such alcoholic beverage is in the original container with the seal unbroken.
(3) It shall be unlawful for any person to possess any container of alcoholic beverage, except an original container with the seal unbroken, or to consume any alcoholic beverage in or on a motor vehicle being operated on a public or semi-public area open for vehicular travel.
(4) It shall be unlawful for any person to consume or possess any alcoholic beverage upon the public streets or alleys of the City, or outside of any building in a nonresidential zone of the City, unless there are seating arrangements for patrons at permanent tables provided by an establishment licensed to sell alcoholic beverages. The City Manager may grant a permit for a Special Event in a defined location for a period not to exceed twelve (12) hours per day, allowing the serving and consumption of alcoholic beverages on public or private, nonresidentially zoned property. To receive such a permit, an applicant must submit the request at the time of Special Event application. Any permit granted hereunder may be conditioned upon the applicant complying with such terms and requirements as are necessary to protect the public health, safety and welfare.
(b) This section shall not apply to:
(1) Any person engaged in picking up empty beverage containers for the purpose of collecting the deposit or value of the bottle or can itself, nor to any person taking part in a litter control campaign.
(2) The possession of any open container by any licensed distributor or licensed vendor of alcoholic beverages provided that such alcoholic beverage is being transported solely for commercial purposes.
(3) The transportation of any open container of alcoholic beverage in or on any motor vehicle provided that such container is in a compartment of the vehicle not readily accessible to the driver or passengers, such as a locked (not merely latched) glove compartment, trunk, or other nonpassenger or nondriver area of the motor vehicle.
(4) The transportation of any open container or consumption of alcoholic beverage in or on any motor vehicle duly licensed and operated for hire to transport passengers, such as Charter buses, regularly scheduled buses, taxi cabs, and the separate passenger compartments of limousines; provided the operator thereof is not in immediate possession of, or engaged in the consumption of, any alcoholic beverage or open container of alcoholic beverage.
(5) The operation, for a consideration, of any motor vehicle by an individual duly licensed and supplied by a chauffeur service, limousine service, taxicab company, or bus company; provided the operator thereof is not in immediate possession of, or engaged in the consumption of, any alcoholic beverage or open container of alcoholic beverage, and is operating the vehicle while under, and in the scope of, the employment of a chauffeur service, limousine service, taxicab company, or bus company. The operator must have in his possession evidence of employment by a bona fide chauffeur service, limousine service, taxicab company, or bus company.
(c) All persons who own or operate a business establishment in the city which sells or dispenses alcoholic beverages for consumption on or off the premises shall conspicuously post a notice within the business establishment in such a place where alcoholic beverages are either displayed, purchased or consumed. Such notice shall comply with the requirements of this section. Failure to post such required notice pursuant to the requirements of this section shall constitute a violation of this chapter. This restriction shall not apply to:
(1) A bona fide restaurant without a restaurant bar. Such places of business shall conspicuously post a notice within the business establishment in such a place where it will be visible to all employees of the business.
(d) Required notice shall consist of one or more signs or notices, each of which is not less than 93 square inches (8 1/2" x 11"), with at least 30- point type, which contains the following information, clearly discernable by persons to whom alcoholic beverages may be sold or dispensed:
(1) It is unlawful to purchase alcohol if you are under 21 years of age.
(2) It is unlawful to sell or dispense alcohol to persons under 21 years of age, unless exempt pursuant to F.S. §§ 562.11 or 562.13.
(3) A telephone number to report those who are in violation of the law. Such telephone numbers may include, but are not limited to:
(a) 211 Palm Beach County;
(b) 561-650-6840 - Division of Alcoholic Beverages and Tobacco; or
(c) 1-877 MEANS 21 (877-632-6721).
(Code 1958, § 3-6; Ord. No. 86-9, § 2, 5-20-86; Ord. No. 15-015, § 6, 6-16-15; Ord. 19-035, § 4, 10-1-19)
Editor's note-It should be noted that former §§ 3-6 and 3.7 were deleted by Ord. No. 92-53, §§ 1, 2, adopted Nov. 4, 1992. Prior to deletion, such sections pertained to proximity of beer and wine sales to other establishments and location of liquor establishments, as derived from the 1958 Code, §§ 3-19 and 3-21.