The purpose of this chapter is to promote aesthetics, public health and public safety within the central business district (CBD) by placing restrictions on open glass bottles which contain, previously contained, or are designed or intended to contain alcoholic beverages. The CBD is as described in subsection 3-2-10B5 of this code. (Ord. 752, 5-22-2012)
Within the CBD it shall be unlawful for any person to hold, carry or transport any open glass bottle which contains, previously contained or is designed or intended to contain alcoholic beverages upon any public street, alley, sidewalk or parking place which is provided for the use of the public, or upon any property owned by the city of Elko, or in or upon any motor vehicle while moving or stationary in any of the foregoing places.
Possession upon one's person of any open glass bottle which contains, previously contained or is designed or intended to contain any alcoholic beverage in any such public places, including motor vehicles, shall be prima facie evidence of a violation thereof.
As used herein, the term "alcoholic beverage" shall mean and include any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters, beer, lager beer, ale, wine and every other liquid or solid containing alcohol capable of being consumed by a human being.
As used herein, the term "glass bottle" shall mean a glass container that has a neck smaller than the body of the container, is designed for a screw top, cork, snap cap or other type of closure and has a capacity of not more than five (5) gallons. (Ord. 752, 5-22-2012)
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