5-2-10: UNLAWFUL CONSUMPTION OF OR POSSESSION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACE:

   A.   Definitions: As used in this section, the following words and phrases shall have the meanings given herein when not inconsistent with the context. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

      ALCOHOLIC BEVERAGE: Any beverage containing alcohol that is a product of distillation of any fermented liquor, or synthetic ethyl alcohol, including liquor, spirits, beer, wine or any liquid containing liquor, spirits, beer or wine.

      BEER: Shall have the meaning it is given in title 3, chapter 3 of this Code.

      PUBLIC PLACE: An area to which the general public has an unrestricted right of access and that is generally open or used by the public, regardless of whether it is publicly or privately owned. Examples of public places include, without limitation, streets, highways or public rights-of-way, sidewalks, bridges, alleys, plazas, parks, public driveways, parking lots, transit stations, trains, buses, moving or stationary motor vehicles, shelters, tunnels and buildings, including, without limitation, stores and restaurants.

      WINE: Shall have the meaning it is given in title 3, chapter 3 of this Code.

   B.   Specified: Except as otherwise provided by license, permit or law, it shall be unlawful for any person:

      1.   To consume any alcoholic beverage in a public place within the City; or

      2.   To possess, in a public place within the City, any alcoholic beverage in any bottle, can or other receptacle which has been opened, or has a seal broken, or where the contents of which have been partially removed.

   C.   Exceptions: The provisions of this section shall not apply to the possession or consumption of any alcoholic beverage by a person who is at least twenty one (21) years of age when such possession or consumption occurs:

      1.   Within any private residence or upon the yard thereabout, or within any apartment, duplex, condominium, boarding house or other structure lawfully used as a permanent residence, or within any common area or area designated exclusively for and appurtenant to such residential occupancy;

      2.   Within an establishment, business place or other location properly licensed and permitted by the State, the County and the City for the consumption of any alcoholic beverage;

      3.   Within a City-owned park or facility set forth in City Code to allow the possession and consumption of alcoholic beverages;

      4.   Within the area defined on exhibit A on file in the City and depicted on exhibit B on file in the City, between the hours of ten o'clock (10:00) A.M. and ten o'clock (10:00) P.M. on any day the Boise State University football team plays a home game at Boise State's football stadium against an NCAA opponent, or on any day the City hosts an NCAA bowl game at Boise State's football stadium; provided, that the alcoholic beverage is held in an opaque plastic container that is not labeled or branded by an alcohol manufacturer or distributor and that such possession or consumption does not occur on or in the Boise River. Should there be a conflict between the boundary description (exhibit A on file in the City) and the approximate boundary depiction (exhibit B on file in the City), the description contained in exhibit A on file in the City shall control; or

      5.   Pursuant to a valid City special event permit issued by the City; provided, that the alcoholic beverage is held in a container that is not labeled or branded by an alcohol manufacturer or distributor and that such possession or consumption does not occur on or in the Boise River.

(Ord. 30-15, 7-7-2015; amd. Ord. 19-18, 6-5-2018; 2019 Code; Ord. 53-20, 1-12-2021; Ord. 5-25, 1-28-2025)