It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of any alcoholic beverage in a public place within the City of Priest River, including any street, any public or private parking lot, or any public or private property open to the public, except as otherwise provided by law.
Nothing herein will be interpreted to prevent residents or their guests from consuming alcoholic beverages or having an open container of any alcohol beverage in public areas zoned Residential. This exception does not apply to customers of any business licensed to sell alcoholic beverages for on premises consumption when such alcoholic beverage is taken away from the premises so licensed or in public areas within the design review overlay historic district.
"Container of an alcoholic beverage" includes, without limitation, a bottle or can labeled as containing such a beverage, no matter what it in fact contains, and a container containing such a beverage no matter how labeled. An "alcoholic beverage" is any liquid or solid containing ethyl alcohol or synthetic ethyl alcohol in an amount of three percent (3%) or more by weight (6 proof); a manufacturer's label on the bottle or can or on a package out of which such container came is conclusive evidence of content.
"Open container" shall be defined as the original receptacle of the alcoholic beverage, whose seal has been broken or cap removed, or any other container into which the alcoholic beverage has been placed which does not have affixed thereon a permanent airtight seal or cap. (Ord. 606, 8-5-2019)