For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGES. Any beverage or liquid containing more than one percent (1%) of alcohol by weight or any mixture containing any alcoholic beverage; this shall include but not be limited to any beer, malt, beverage, wine, brandy, liquor, spirituous beverage, and all other liquids or beverages, by whatever name, created by either distillation, by fermentation, by brewing, by mixing distilled beverages by what is commonly termed “blending”, or by any other process that produces or develops a liquid containing more than one percent (1%) of alcohol by weight. The percentage of alcohol by weight shall be determined by measuring the weight of the standard ethyl alcohol in the liquid or beverage and comparing it with the weight of the remainder of the ingredients as though the remaining ingredients were distilled water.
CONSUME or CONSUMING. The same as drink or drinking.
INTOXICATING BEVERAGE. The same as “alcoholic beverages” defined above.
INTOXICATING LIQUOR. The same as “alcoholic beverages” defined above.
LAW ENFORCEMENT OFFICER. All officers or employees of the United States or the state, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests and who are authorized to carry a concealed weapon.
MOTOR VEHICLE. The same meaning as defined in Fla. Stat. § 316.003(21), and shall include, but not be limited to, any automobile, bus, van, truck, motor scooter, motor-driven or motor assisted bicycle, three-wheel vehicle, tractor truck and semi-trailer combination, or any and all other vehicles operated on the streets or highways within the city, used to transport persons, animals, or other property and propelled by power other than muscle power.
STREET or HIGHWAY. The entire width between the boundary lines of every way, right-of-way, roadway, boulevard, street, avenue, alley, sidewalk, parking lot, easement or place of whatever nature or surface, whether paved or unpaved, whether public or private, that is open to the use of the public for purposes of vehicular traffic, or any area such as a runway, taxiway, ramp, clear zone, or parking lot which is used for vehicular traffic although not open for vehicular traffic or use to the general public.
OPEN CONTAINER. Any cup, glass, vessel, can, bottle, container, and the like, made of any material, of any shape whatsoever, or any other open or unsealed item, without limitation, that is capable of holding liquids of any type whatsoever.
POSSESSION. The actual, physical, manual possession or control, or being located within a motor vehicle and not within any exception set forth in § 70.22, and shall mean the same as “possessed” and “possess”.
READILY ACCESSIBLE. The open container that contains any alcoholic beverage is in the vehicle and although not in the actual, physical manual possession of the driver or passenger, is located in a place and manner that it can be easily reached.
WINE. All beverages made from fruits, berries or grapes, either by fermentation or by fermentation with brandy added; wine shall mean the same as alcoholic beverage.
('74 Code, § 15-71) (Ord. 87-32, passed 7-16-87)