(a) Definitions. For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
OPEN CONTAINER. A container that is no longer sealed.
WEST 7TH AREA. The area as depicted in Appendix A to this chapter.
(b) A person commits an offense if he possesses an open container of, or consumes, an alcoholic beverage in or on any public street, sidewalk, alley or pedestrian way located in the West 7th Area as defined in this section.
(c) It is a defense to prosecution under subsection (b) if the person:
(1) Was attending a special event that was authorized by the City and for which a valid permit or license to sell or serve alcoholic beverages was issued by the Texas Alcoholic Beverage Commission:
(2) Was inside a building not owned or controlled by the City;
(3) Was inside a residential structure;
(4) Was within the area of an establishment licensed by the Texas Alcoholic Beverage Commission for alcohol consumption on the premises;
(5) Was within the area authorized for a sidewalk cafe as described in Article IX, Chapter 20, evidenced by a properly issued permit.
(d) Nothing in this section is intended to prohibit or otherwise control the manufacture, sale, distribution, transportation, or possession of alcoholic beverages, except to the extent allowed by state law.
(e) Each violation of Section 4-6 is a Class C Misdemeanor and shall be punishable by a fine of not more than five hundred dollars.