Jacksonville Beach has several great music venues and hosts many outdoor festivals throughout the year. Here’s what you need to know to have fun responsibly and legally, and avoid needing the services of a criminal defense lawyer.
Chapter 4, Section 3, of the Jacksonville Beach ordinance states in pertinent part as follows:
It shall be unlawful for any person to consume or drink any beer, wine, liquor, or other alcoholic beverage on any public street, sidewalks, boardwalk, or other public place not duly licensed to permit consumption of beverages on the premises.
The fact that the ordinance reads, “Possession of an open container containing an alcoholic beverage by any person in the areas prohibited by this section shall be prima facie evidence of a violation of this section,” means you can violate the ordinance without actually drinking any alcohol. So if the charge is prosecuted, just possessing an alcoholic beverage will create a permissive inference that consumption took place. This means that if you are accused you can be convicted of the offense without actual proof that a single sip was taken. So if there isn’t some credible contrary evidence, the fact-finder (judge or jury) is free to convict the accused on the basis of this inference alone.
In the end, a single sip of alcohol consumed on a street or sidewalk in Jacksonville Beach can subject you to a permanent criminal record, even if you aren’t disturbing the public peace and are of legal age.
The penalties for violating the Jacksonville Beach open container ordinance range from a fine to a maximum of 90 days in jail. A typical offense will result in a simple fine with a maximum of $500. It is important to note that because a violation of Chapter 4, Section 3 is a misdemeanor offense, paying the fine means you will have a misdemeanor on your record.
Maybe the single most important thing to know is that you can be arrested for violating the ordinance without physically going to jail. An officer can issue you a notice to appear which acts as a paper arrest. If the officer chooses to actually arrest you for a violation of the ordinance, you will spend at least one night in jail.
When attending a festival you can consume alcoholic beverages but you must be of age and stay in the areas designated at the festival. This is based on the language of the ordinance which reads “not duly licensed to permit consumption of beverages on the premises”. So assuming that the festival area is “duly licensed” on the festival day you will be fine. If you come back on a later date and consume alcohol, at say the Seawalk Pavilion, that would be a violation.
Be safe and always know your rights.