(A) During any trial for a violation of §§ 134.02 and 134.03, any bottle, can or other container with labeling indicating the contents of such bottle, can or container shall be admissible into evidence, and the information contained on any label on such bottle, can or other container shall be admissible into evidence and shall not constitute hearsay.
(B) Any jury or a judge, whichever is appropriate, may consider the information upon such label in determining whether the contents of the bottle, can or other container was composed in whole or in part of ethyl alcohol. A label which identifies the contents of any bottle, can or other container as “beer”, “ale”, “malt beverage”, “fermented male beverage”, “malt liquor”, “wine”, “champagne”, “whiskey”, “gin”, “vodka”, “tequila”, “schnapps”, “brandy”, “cognac”, “liqueur”, “cordial”, “alcohol” or “liquor” shall constitute prima facie evidence that the contents of the bottle, can or other container was composed in whole or in part of ethyl alcohol.
(Ord. 11-95, passed 10-25-1995)