Tampa’s City Ordinance for Open Container

“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 Section 1-6(a) of the Code of Ordinances City of Tampa

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.”

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