12-1500 City Code Liquor Related OffensesCITY OF MERIDIAN ORDINANCE NO. /c~ - 1500
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 3, CHAPTER 2,
MERIDIAN CITY CODE, REGARDING LIQUOR-RELATED OFFENSES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Meridian City Code does not currently prohibit the possession and
consumption of alcoholic beverages on sidewalks, streets, and other publicly-accessible places in
the City of Meridian;
WHEREAS, Idaho Code section 23-505 already prohibits the transportation, possession,
and consumption of an open container in a vehicle on a public right-of--way, and in State v.
Reyes, 203 P.3d 708 (2008), the Idaho Supreme Court held that a city code provision declaring
such activity by a vehicle's passenger to be a misdemeanor to be unconstitutional; and
WHEREAS, the City Council of the City of Meridian deems it to be in the best interest
of the health, safety, and welfare of the people of Meridian to restrict such activity to premises
duly licensed or permitted for same;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section I. That Title 3, Chapter 2, Meridian City Code, is hereby amended as follows:
3-2-6: LIQUOR RELATED OFFENSES:
A. Open container in public. It shall be unlawful for anv person to consume anv alcoholic
beverage or to have in his or her possession anv open container of anv alcoholic beverage on anv
public r~perty or properly open to the public including any street sidewalk alley publicly
accessible parking lot or other public or private property open to the public• provided that
consumption or possession of an open container of an alcoholic beverage may lawfully occur in
such time place and manner duly licensed or permitted by the City and other operation of law.
B. °~~ : Cc :tw?::er T w::: ? .Removal of Li~ue~open container from licensed premises.;
I~€mitierr: It shall be unlawful for any person to remove an open container containing any
alcoholic beverage from the premises of any business establishment which holds a beer, wine or
liquor license. "Premises" shall mean the building and contiguous property owned, or leased, or
used under government permit, by the holder of a liquor, wine or beer license as part of the
business establishment in the business of the sale, at retail, of liquor, wine or beer, which
property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses,
courtyards, patios, abutting sidewalks, poolside areas, or similar improved appurtenances in
which, or on which, the sale of liquor, wine or beer is authorized by the city.
ORDINANCE AMENDING OPEN CONTAINER CODE PAGE I OF 2
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective upon its adoption.
PASSED by the City Council of the City of Meridian, Idaho, this ~ day of January,
2012.
2012.
APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of January,
APPROVED:
,~.
Tammy d erd, Mayor
ATTEST:
City of
Jaycee Hellman, City Clerk ~-' ' ` ""
9
~,, SEAL
m,
~B
'~~de T0.F A~
ORDINANCE AMENDING OPEN CONTAINER CODE PAGE 2 OF 2