Avoid an Open Container Citation — Understand the Alcohol Laws in Gainesville, Florida
Gainesville is home to some lively entertainment and nightlife, which can sometimes cause confusion when it comes to open container laws. Between tailgates on the University of Florida campus, “downtown districts” that sometimes allow alcohol, and the “open container” policy at Celebration Pointe, it’s easy to misunderstand what’s permitted and what’s prohibited. This article will help you understand the alcohol and open container laws in Gainesville, and ultimately, avoid an open container citation.
The Sale of Alcohol in Gainesville
The state of Florida allows local counties and municipalities to control the sale and distribution of alcoholic beverages. That includes beer, wine and intoxicating liquors. Alachua County and the surrounding counties permit the sale of beer, wine, and intoxicating liquors, but control the times and locations. Previously, under what were commonly known as “blue laws,” selling alcohol on Sundays was either prohibited or was limited to after 1:00 p.m. Alachua County amended that law in 2012 to allow the service of alcohol between 7:00 a.m. and 2:00 a.m. seven days a week. Many of the surrounding counties do not allow serving or sale on Sundays or limit the time to after 1:00 p.m. on Sunday.
Believe it or not, there are still three dry counties in Florida that do not permit the sale of intoxicating liquors: Liberty, Lafayette, and Washington. These counties have recently allowed the serving and sale of beer and wine that fall at or below a 6.243% alcohol content limit.
Open Container Alcohol Laws in Gainesville
Local counties and municipalities also control where you may legally possess an open container of alcohol. For example, in Gainesville, it is still illegal to have an open container in the city; however, there are exceptions and a change in enforcement options. The city commission has amended its ordinances to allow for a civil penalty of $200.00 for possession of an open container of alcohol. This does not eliminate the possible criminal charge, which can still result in your arrest. The decision to either issue a civil penalty, a criminal citation, or make a physical arrest and transport you to the jail, is completely within the discretion of law enforcement.
You can be cited for an open container if you are on any street or sidewalk within city limits with an open container of alcohol. If you are drinking at a house, be aware that when you get near the sidewalk, you are leaving private property and can be cited. Avera & Smith has represented a range of cases involving open containers; for example, an individual who was criminally cited for an open container after walking around a car parked on the sidewalk and stepping onto the street with empty bottles, trying to dispose of them properly. Walking with one of the ubiquitous Solo cups instead of a can or bottle does not stop law enforcement from approaching you to see if you have an open container of alcohol.
Exceptions to Gainesville Open Container Alcohol Laws
There are exceptions to the city ordinance. If you are on the University of Florida property, you are permitted to have an open container in designated tailgating areas before football games. The stadium is not a designated tailgating area. There are parts of the stadium with limited access that allow alcohol, but no alcohol is allowed in general admission areas for football games. Another exception was a recent Garth Brooks concert in the stadium that did allow beer sales.
Celebration Pointe announced last year that their retail shopping center is now open container, allowing visitors to enjoy drinks from participating restaurants within designated outdoor areas. Review the property’s policy before sipping and strolling, and look out for signage that indicates open container areas while there.
There are also events in the “downtown district” that allow alcohol. These areas will be clearly designated, and it is only within very small locations at the center of downtown Gainesville. If you are not sure, ask a law enforcement officer – preferably not with a drink in your hand!
What Happens if You’re Cited or Charged with an Open Container?
If you are cited with an open container under the civil ordinance, you will have to pay the fine of $200.00 or request a hearing. If you don’t, it will, at best, go to collections, and at worst, you could be compelled to come to court to explain your failure to respond to the citation.
If you are cited with the criminal open container charge, you could legally get up to 60 days in jail and/or a $500.00 fine. It is very unlikely that you will get jail time for an open container. If you have no other criminal history, you should be offered a deferred prosecution. A deferred prosecution is an agreement between you and the city that allows you to pay an administrative fee and make a donation to charity, after which your case will be dismissed so long as you have no new criminal allegations during the period of deferral (usually three months).
If you do not qualify for deferred prosecution, you will be given an arraignment date that you must either attend or hire a Gainesville law firm to file a notice of appearance on your behalf. Failure to respond or appear at the arraignment will result in a warrant being issued for your arrest.
Avera & Smith is Here to Help with Open Container Charges
If you or a loved one have been criminally charged with an open container in Gainesville or the greater Florida area, Avera & Smith is here to help. We will work to make your case as simple and painless as possible. Give us a call at 800-654-4659 or visit our website to schedule your free consultation.