(a) A person commits an offense if he consumes or possesses an alcoholic beverage:
(1) while in a public park; or
(2) while on a public street, sidewalk, or parking area adjacent to a public park.
(b) It is a defense to prosecution under Subsection (a) that:
(1) the person was on the premises of:
(A) Fair Park;
(B) Old City Park;
(C) Reunion Park;
(D) the DeGolyer Estate, Camp Estate, or other area of the Arboretum designated by the park and recreation board for the possession and consumption of an alcoholic beverage;
(E) Betty Marcus Park, when attending a city-approved activity at the Meyerson Concert Hall;
(F) an area in Samuel Farm designated by the park and recreation board for the possession and consumption of an alcoholic beverage;
(G) the following park facilities, when pursuant to written permission of the director of the park and recreation department and in compliance with park facility reservation policies established by the park and recreation board:
(i) Arlington Hall;
(ii) Dreyfuss Club;
(iii) Winfrey Point; or
(iv) Big Thickett;
(H) a municipal golf course; or
(I) a park facility or other park property or part of a park property for which:
(i) a valid license issued by the Texas Alcoholic Beverage Commission existed; or
(ii) a lease or rental agreement had been granted by the city that allowed the possession and consumption of an alcoholic beverage;
(2) the person was on the waters of a lake or water reservoir under the jurisdiction of the park and recreation board where the private launching and mooring of boats was permitted;
(3) the person was on premises where a special event, activity, or program was being conducted with written permission of the park and recreation board and the director of the park and recreation department and possession and consumption of an alcoholic beverage was allowed under the terms of the permission; or
(4) the container of alcoholic beverage possessed by the person had an unbroken seal or other evidence of having never been opened.
(c) For the purpose of this section, ALCOHOLIC BEVERAGE is used as defined in the Texas Alcoholic Beverage Code. (Ord. Nos. 16881; 20336; 20699; 20963; 22850)