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(3) It shall be unlawful for any person to consume an alcoholic beverage of more <br />than 1 pement alcohol content by volume on any public street, sidewalk, right-of-way, park, <br />or upon the premises of a retail establishment while outside the confines of the structure on <br />the premises when the main use of the establishment is the sale of alcoholic beverages. <br /> <br />C. INAPPLICABILITY/EXCEPTIONS. <br /> <br />This part shall not apply to: <br /> <br /> (1) The possession of any open or unsealed container collected by any person <br />engaged in picking up empty beverage containers for the sole purpose of collecting the <br />deposit or value of the bottle or can itself, nor by any person taking part in a litter control <br />campaign. <br /> <br /> (2) The possession of any open or unsealed container by any licensed distributor <br />or licensed vendor of alcoholic beverages provided that such alcoholic beverages are <br />being transported solely for commercial purposes. <br /> <br /> (3) The transportation of any open or unsealed container of any alcoholic <br />beverage in or on a vehicle provided that such container is in a compartment of the <br />vehicle not readily accessible to the driver or passengers, such as a truck bed, <br />passenger car trunk or other nonpassenger or nondriver area of the motorized vehicle. <br /> <br /> (4) The transportation of any open or unsealed container or consumption of <br />alcoholic beverage in or on any vehicle duly licensed and operated for hire to transport <br />passengers, such as private charter or regularly scheduled buses, taxi cabs, and the <br />separate passenger compartments of limousines; provided that the operator thereof is <br />not in immediate possession of an open or unsealed container nor engaged in the <br />consumption of any alcoholic beverage. This Section shall not act to render this <br />Ordinance inapplicable to publicly owned or operated vehicles. <br /> <br /> (5) The otherwise lawful, licensed and permitted possession of any open <br />container or consumption of alcoholic beverage within authorized enclosed buildings or <br />consumption or possession of alcoholic beverages upon private residential property by <br />owners of the property or residents of that property or their guests. <br /> <br /> (6) The possession of any open or unsealed container or consumption of <br />alcoholic beverage in the living area of house trailers, travel trailers, camping trailers, <br />motor homes, campers and other similar types of facilities that are primarily designed <br />and constructed to provide temporary living quarters utilized for traveling and <br />recreational purposes and that are equipped with refrigeration facilities; provided that <br />the operator thereof is not in the immediate possession of an open or unsealed <br />container, nor engaged in the consumption of any alcoholic beverage. <br /> <br />Ordinance No. 04-1119 <br />Page No, 3 <br /> <br /> <br />