Tailgating and Open Containers of Alcohol in Gainesville, FL
As we get ready for Florida football here in Gainesville, FL, it is important to be aware of applicable open container laws and ordinances. It is still “illegal” to have an open container of alcohol on city property. The city commission has amended their ordinances to allow for a civil penalty of $200.00 for possession of an open container of alcohol. This does not eliminate the criminal charge which can result in your arrest. The decision to issue either a civil penalty, a criminal citation, or make a physical arrest and transport you to jail is completely within the discretion of law enforcement. You can be cited if you are on any street or sidewalk within city limits with an open container of alcohol. If you are at a house, just be aware that when you get near the sidewalk, you are leaving private property and can be cited. I have personally represented an individual who walked around a parked car and stepped onto the street with empty bottles trying to dispose of them properly and they were criminally cited for open container. Walking with cups versus a can or bottle of beer does not prevent you from being approached by law enforcement to see if you have alcohol.
There are exceptions to the city ordinance. If you are on University of Florida property, you are permitted to have an open container in designated tailgating areas. The stadium is not a designated tailgating area. There are parts of the stadium that have limited access that allow alcohol, but no alcohol is allowed in general admission areas. In addition, there are events in the “downtown district” that allow alcohol. This area will be clearly designated and is only a small geographic area of downtown Gainesville. If you are not sure, ask a law enforcement officer, preferably not with a drink in your hand.
If you are cited with open container under the civil ordinance, you have to pay the fine of $200.00 or request a hearing. If you do not pay, 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, 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 and your case will be dismissed so long as you have no new criminal allegations during the period of deferral (usually 3 months). If you do not qualify for a deferred prosecution, you will be given an arraignment date that you must attend or hire an attorney 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.
In summary, if you are going to tailgate and consume alcohol, know where you are. If you need further information or have questions, please feel free to call us.