§ 4-4. Scope.

(a)

Consumption of any alcoholic beverage in or on any public street, public sidewalk, or city right-of-way in the city is prohibited.

(b)

The provisions of subsection (a) shall not apply to consumption of alcoholic beverages in the central business district. The central business district shall mean the area zoned as "central business" or "central plaza" within the meaning contained in the city zoning standards.

(c)

The provisions of subsection (a) shall not apply during the regularly scheduled weekends of the Mardi Gras and Dickens festivals. The provisions of subsection (a) shall apply during every other festival or special event, unless specifically excepted by city council.

(d)

It is a defense to prosecution under this section that the alleged offense took place in a motor vehicle or on any premise duly permitted and licensed by the State of Texas pursuant to the Texas Alcoholic Beverage Code.

(e)

This section does not prohibit or otherwise control the manufacture, sale, distribution, transportation, or possession of alcoholic beverages.

(f)

The violation of any provision of this section shall be unlawful and a misdemeanor offense punishable by a fine not exceeding five hundred dollars ($500.00). Each day a violation of this section continues shall constitute a separate offense.

(Ord. No. 96-93, § 2, 10-10-96; Ord. No. 04-082, § 2, 9-9-04; Ord. No. 05-021, § 3, 4-14-05)

Editor's note

Section 3 of Ord. No. 04-082, adopted September 9, 2004, states the following: "The Park Board of Trustees of the City of Galveston, Texas and TSB, LTD. hereby agree to indemnify the City of Galveston and to name the City of Galveston as an additional insured during all concerts, festivals, or events occurring upon Stewart Beach or the area between the east right-of-way line of 6 ^th Street and the east right-of-way line of 10 ^th Street."