§ 10-604.  Alcoholic Beverages. 128
   (1)   Definitions.
      (a)   Alcoholic Beverages. All "liquor" and "malt or brewed beverages" as defined by the Pennsylvania Liquor Code, 47 P.S. § 1-102.
      (b)   Public Right-of-Way. All public streets, alleys, sidewalks, steps and other corridors through which either vehicles or persons may travel, including motor vehicles parked within such right-of-way.
   (2)   Prohibited Conduct.
      (a)   No person shall bring onto any city-owned recreation center, playground or park area, with the exception of Fairmount Park, proper, or drink thereupon an alcoholic beverage unless such person has written permission for that purpose from the person in charge of the City facility.
      (b)   No person shall consume alcoholic beverages or carry or possess an open container of alcoholic beverages in the public right-of-way, or on private property without the express permission of the landowner or tenant, except that this prohibition shall not apply to alcoholic beverages consumed in the public right-of-way as permitted under Chapter 9, Section 208 of The Philadelphia Code entitled "Sidewalk Cafés" or to block parties held under special permit issued by the Street Department and in accordance with regulations issued pursuant thereto.
   (3)   Regulations. The Philadelphia Police Department shall enact regulations to enforce this Section within ninety (90) days of passage of this ordinance.
   (4)   Penalties. 129
      (a)   The penalty for violation of subsection (2)(b) of this Section, pertaining to the public right-of-way or private property, shall be a fine of at least fifty dollars ($50) per violation but not to exceed three hundred dollars ($300) per violation. The failure to pay the fine within ten (10) days shall result in imprisonment for a period not exceeding ten (10) days, together with costs.
      (b)   Any person violating subsection (2)(a) of this Section, pertaining to City-owned recreation centers, playgrounds or park areas, with the exception of Fairmount Park, shall have committed a Class III offense and shall be subject to the fines set forth in subsection 1-109(3), or imprisonment for not more than ninety (90) days, or both.
      (c)   Such penalties shall be enforced by the Philadelphia Police Department.

 

Notes

128
   Amended and subsections added, 1986 Ordinances, p. 1003; amended, 1988 Ordinances, p. 915; added, 1989 Ordinances, p. 1393; amended, 1989 Ordinances, p. 1484; amended and subsection (1)(c) ("Restricted Area") repealed, 1990 Ordinances, p. 754. Before repeal, additional areas were added, 1991 Ordinances, pp. 183, 199, and 692.
129
   Amended, Bill No. 070307 (approved September 20, 2007).