§ 5.04.020. Possession, consumption or sale of alcoholic beverages in city parks.

A.

A person commits an offense if the person consumes or possesses with intent to consume, sells, offers for sale or possesses with intent to sell an alcoholic beverage in any public park, playground or recreational area in the city.

B.

It is an affirmative defense to prosecution under subsection A of this section that:

1.

The person was at the time of the conduct the holder of a valid, unexpired permit issued by the city authorizing the conduct in the particular place and at the time the conduct was committed; or

2.

The person was at the time of the conduct a guest, invitee, employee, agent or member of the holder of a valid, unexpired permit issued by the city authorizing the conduct in the particular place and at the time the conduct was committed; or

3.

No element of the conduct was the sale or offer to sell alcoholic beverages, and the conduct was committed in the clubhouse or on the grounds of Uvalde Municipal Golf Course; or

4.

If the sale or offer to sell an alcoholic beverage was an element of the conduct, the person was the city golf course manager or an employee of the city golf course manager at the time the conduct was committed, and the conduct was committed in the clubhouse or on the grounds of Uvalde Municipal Golf Course.

C.

The state is not required to negate the existence of an affirmative defense in a complaint or prosecution under this section.

D.

An offense under subsection A of this section is punishable as provided in Section 1.12.010 of this Code.

(Prior code § 4-2)