Baton Rouge City Court - Public Drinking Prohibited

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The listed Public Drinking Prohibited charge below is an offense prosecuted in Baton Rouge City Court. It is a misdemeanor offense. Felonies are prosecuted in District Court. Mr. Barkemeyer is skilled and experienced at handling misdemeanors is Baton Rouge City Court. Contact him at (225) 964-6720 if you or someone you know has a criminal charge in City Court. 

Sec. 13:1018. Public drinking prohibited.

(a)
Public drinking is in the imbibing or drinking of alcoholic beverages, as hereinafter defined, in or on any public street, alley, sidewalk, right-of-way, park, playground, square, unenclosed public place in the city-parish, or within any area designated and posted by the city-parish alcoholic beverage control director or his/her designee as an "alcohol-free zone" during public events permitted by the city-parish.
(b)
Alcoholic beverage is defined as beer, porter, ale, fruit juices or wine, of an alcoholic content not exceeding that now or hereafter permitted by law, but greater than one-half of one per cent of alcohol by volume, or any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six (6) percent of alcohol by volume.
(c)
It shall be unlawful for any person to drink any alcoholic beverage, as defined herein, in or upon any public street, alley, sidewalk, right-of-way, park, playground, square, unenclosed public place in the city-parish, or within any area designated and posted by the city-parish alcoholic beverage control director or his/her designee as an "alcohol-free zone" during public events permitted by the city-parish. However, the provisions of this section may be waived by the council for good cause.
(d)
It shall be unlawful for any person to carry an opened glass or paper container, drinking glass or opened metal container containing any alcoholic beverage, as defined herein, or to drink any such alcoholic beverage from any opened glass or paper container, drinking glass or opened metal container, in or on any public street, sidewalk, right-of-way, park, playground, square, unenclosed public place in the city-parish, or within any area designated and posted by the city-parish alcoholic beverage control director or his/her designee as an "alcohol-free zone" during public events permitted by the city-parish. However, the provisions of this section may be waived by the council for good cause.
(e)
It shall be unlawful for any person to possess any opened drinking containers containing alcoholic beverages, as defined herein, in or upon the parking lot or other property belonging to or adjacent to any licensed premises as defined in title 9 of this Code. However, the provisions of this section may be waived by the council for good cause.
(f)
It shall be unlawful for any person under the age of twenty-one (21) to possess any alcoholic beverage, as defined herein, in public or in private premises open to the public except as exempted by law.
(g)
For the purpose of discouraging public drinking, it shall be unlawful for any person to remove an open container containing alcoholic beverages, as defined herein, from any business, lounge, restaurant or establishment which is licensed under the provisions of title 9 of this Code.
(h)
It shall be unlawful for any person to fail or refuse to leave any premises licensed to sell alcoholic beverages under title 9 of this Code after being told to do so by the owner, manager or any employee thereof. For purposes of this section, the premises shall include the entire property owned or under control of the licensee, including the parking area.
(i)
It shall be unlawful for any person to expose their genitals, pubic hair, anus, vulva or female breast nipples in any premises licensed to sell alcoholic beverages under title 9 of this Code.
(j)
It shall be unlawful for any person employed as a bartender, waiter, waitress or go-go dancer at any premises licensed to dispense alcoholic beverages under title 9 of this Code to drink or consume any alcoholic beverages on the premises at any time, except that this section shall not apply to employees of premises licensed as class R under title 9 of this Code.
(k)
It shall be unlawful for any person to possess any alcoholic beverage of high or low alcoholic content in those buildings of the Centroplex located at 275 South River Road in Baton Rouge known as the Arena, Exhibit Hall and Theatre.
(l)
The provisions of this section shall not apply to the possession of alcoholic beverages sold to any person by the Centroplex, its agents or employees, except in the case of "alcohol free zones," wherein alcohol is absolutely prohibited.
(m)
The provisions of this section prohibiting public drinking shall not apply to patrons of sidewalk cafes in the Downtown Development District as specified in section 15:333(27) of the Baton Rouge Code of Ordinances.
(n)
The provisions of this section shall not apply during any event for which a written permit authorizing alcohol has been obtained from the director of the Centroplex, except in the case of "alcohol free zones," wherein alcohol is absolutely prohibited.
(o)
Whoever is found guilty of a violation of this section shall be fined not more than five hundred dollars ($500.00) or imprisoned in the jail for not more than six (6) months, or both.
(p)
Whoever is found guilty of a violation of this section, committed within five hundred (500) feet of any public or private school property, as hereinafter defined, shall be fined not more than five hundred dollars ($500.00) and imprisoned in jail for not less than five (5) days nor more than six (6) months. Imposition or execution of sentence shall not be suspended unless:
(1)
The offender is placed on probation with a minimum condition that he serve two (2) days in jail and participate in a court-approved substance abuse program; or
(2)
The offender is placed on probation with a minimum condition that he perform two (2) eight-hour days of court-approved community service activities and participate in a court-approved substance abuse program.
For purposes of this provision, "school" does not include business colleges or schools nor state colleges or universities. "School property" means all property used for school purposes, including but not limited to school playgrounds, buildings, and parking lots. For purposes of this section, "park, playground, square, unenclosed public place in the city-parish" does not include the designated service areas or restaurant facilities at publicly owned recreational facilities which are licensed for the sale and/or consumption of alcohol through the alcoholic beverage control office.
This provision shall not apply to individuals participating in a school function from which the proper permit has been obtained from the alcoholic beverage control office, except in the case of "alcohol free zones," wherein alcohol is absolutely prohibited.
(City Code 1951, Title 13, §§ 607—615, 617; Ord. No. 7389, § 1, 12-24-83; Ord. No. 7800, § 1, 2-27-85; Ord. No. 9805, § 1, 1-12-94; Ord. No. 10438, § 2, 8-23-95; Ord. No. 12724, §§ 1—6, 8-25-03; Ord. No. 12859, § 2, 2-11-04; Ord. No. 15469, § 6, 3-27-13)
Editor's note—
The provisions of former subsections (k) and (l) of this section are now given in § 13:1018.1.

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