According to ABC Action News, the Tampa Police Department arrested almost 350 parade goers this year at the Gasparilla Pirate Festival in Tampa, FL. The majority of these arrests, as usual, were written arrests for open container outside of the "wet zone." As anyone who attended the parade will tell you, the zoning laws were selectively enforced, as coolers and red plastic cups were seen in abundance.
If you were issued a citation for open container at Gasparilla, you should consult an attorney today to discuss possible defenses. The maximum penalties under the City of Tampa Open Container Ordinance are a $500 fine and up to 60 days in jail - serious consequences for an offense of this nature, especially one that was selectively enforced. This city ordinance violation counts as a criminal adjudication of guilt against you if you simply pay the fine, which could result in serious consequences in the future (you could be required to list this arrest on employment applications, for example.) This could also prevent the sealing or expungement of a more serious offense in the future. The attorneys at Taracks Gomez & Rickman are all former prosecutors who know how to fight open container charges, as well as any other crime you may have been charged with. Our staff may be able to help you avoid the serious consequences that stem from an arrest of this type, or help get your open container charge thrown out altogether. As always, a consultation with one of our lawyers is always free. Taracks Gomez & Rickman - The Advocate For You.
City of Tampa Code of Ordinances, Chapter 3, Alcoholic Beverages,
Article IV, Section 3-40, prohibits possession of open containers of alcoholic beverages outside of licensed premises.
Sec. 3-40. - Consumption and possession of open containers on streets, sidewalks, alleys and other public property.
(a) It is unlawful for any person to consume, assist or aid another to consume any alcoholic beverage upon any street, sidewalk, alley or other public property within the city.
(b) It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.
(1) As used in subsection (b), "open container" means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.
(2) An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.
(c) Subsections (a) and (b) do not apply when:
(1) The street, connecting sidewalk or alley has been officially temporarily closed upon application to the director of public works and the approval of the city council for the purpose of a block party as provided in this Code, or
(2) A portion of a sidewalk has been leased and permitted as a sidewalk cafe as provided for in Chapter 22 of this Code, or
(3) Public property has been zoned and permitted for the sale of alcoholic beverages pursuant to law, or
(4) A portion of the street, connecting sidewalk or alley has been marked and/or designated as a crossing for a public golf course.
(Ord. No. 99-229, § 1, 10-28-99; Ord. No. 2007-19, § 2, 2-1-07)
The penalty for a violation of the open container city ordinance in Tampa is provided in the penalty Section 1-6(a).
Sec. 1-6. - General penalty.
(a) Code violations-Fine and/or imprisonment and/or probation. It is unlawful for any person to violate or fail to comply with any provision of this Code and, where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding five hundred dollars ($500.00) and/or imprisonment for a term not exceeding sixty (60) days and/or a term of probation not to exceed six (6) months, as set forth in section 1-6.1 or by both such fine and imprisonment. Each day any violation of any provision of this Code shall continue shall constitute a separate offense.