City of Gainesville - File #: 211145.

• File #: 211145.
• Version: 2
• Type: Discussion Item
• Status: Agenda Ready
• File created: 4/25/2022
• In control: General Policy Committee
• On agenda: 7/28/2022
• Final action: 7/28/2022
• Title: Open Container Discussion and Direction (B)

Date	Ver.	Action By	Action	Result
7/28/2022	2	General Policy Committee	Approved, as shown above	Pass
5/5/2022	1	City Commission	Approved, as shown above

Title

Open Container Discussion and Direction (B)

Explanation

The City Commission adopted Ordinance No. 200250 on September 10, 2020, which temporarily suspended the enforcement (as to personal possession and consumption of alcohol) of Sec. 4-4 and Sec. 18-20(16) of the City Code of Ordinances. At the August 19, 2021 meeting, the Commission adopted Ordinance 210005, which made the allowances for possession and consumption permanent between the hours of 7:00am and 2:30am permanent.

Prior to adoption of 200250, open container possession or consumption of alcoholic beverages on public or private property within the City was prohibited. GPD arrest protocol stipulated that the simple possession of an open container would result in the offender being issued a civil citation, which is a civil infraction (non-arrest).   If the offender is involved in other criminal behavior and there are multiple charges or the offender flees capture, the Open Container is then deemed an offense for which you can be arrested (municipal ordinance violation -misdemeanor - An excerpt of the protocol (prior to open container repeal) is included in backup.  

At the May 5, 2022 City Commission meeting, the Commission discussed potentially reinstating the open container restrictions or alternately scaling back the existing allowances to a limited geographic area and/or with more restricted hours in response to concerns about large late night gatherings. After discussion, the City Commission directed the City Attorney to draft an ordinance reinstating the open container restrictions that existed prior to their suspension and subsequent repeal in 2020. Consistent with the motion, the City Attorney’s ordinance is included in the backup. Staff has also concluded that prohibiting or restricting open container possession/consumption within city buildings, such as the City parking garage or within other City owned facilities, remains solely within the City’s prerogative. The City can set...