Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Open Container In Cart & Street Drinking (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/open-container-cart-street-drinking-49662/)

downeaster 03-03-2012 09:57 AM

Quote:

Originally Posted by Billyworld (Post 461461)
Hi Folks, I have a couple questions that you may be able to answer.

#1 Is it legal to sit in your golf cart with a alcoholic drink in your hand at Lake Sumter Landing while listening to the music?

#2 Is it legal to walk down Canal Street around the Too Jays area with a alcoholic beverage in hand that was purchased at the square?

I haven't officially retired and moved into The Villages yet and am trying to stay out of trouble. Thank You!:police::police:

Good questions, Billyworld. Answers not so good. So, pick the one that pleases you. Just kidding.

Florida's open container law is the final answer. Just because no one has seen a ticket issued does not mean it there will be none issued. This has been discussed here before as a result of a ticket issued. Police are supposed to enforce the law and they tend to do just that.

My advice, for what it is worth, do not allow an open container in your cart anywhere. If you buy a drink at one of the booths on a square, stay within the square. It may be OK to walk down Canal street with a drink but why risk it?

For others out there who seem to think the open container law is not to be enforced, keep right on disregarding it. Check back here and share your experience.

jsw14 03-03-2012 10:30 AM

Quote:

Originally Posted by paulandjean (Post 461876)
Billyworld, maybe I could answer. Been to the squares about 1000 times,never seen police give a ticket for someone drinking in their cart.I have talked to police while sipping a beer in my cart. no problem. However seems no one will believe this. I do not know of anyone who has received a ticke or knows of someone. Seems people feel its alright in a chair a few feet away but not in a cart,even though same people are driving home in a cart. Cannot please everyone. There are a lot of anti-drinkers here.

Yuppers paulandjean, been their done that, sip, sip... I don't even throw my beer can's in the trash. I put them back in my cooler, take em back home & crush-em for recycle......PoP-a-Top, Gulp, Gulp>>>:beer3: C-ya at the Square......

EdV 03-03-2012 10:51 AM

Here’s an interesting question:

Can you be cited for an open container while sitting in a parked cart on a multi-modal path.

According to the open container law, the vehicle must be on a road which is defined as any way that is open to the public. Since the paths in TV are private and have not been assigned to the sheriff for enforcement, it would appear that you could have an open container in this case.

PennBF 03-03-2012 11:05 AM

Alcohol Usage
 
Chuckinca..At one of the POA meetings the Sheriff's deputy spoke on alcohol at the squares. He stated what I indicated in my note. As to the restaurants selling alcohol at the "patio entrance, not in the restaurant" may or may not qualify the same as the small booths selling? Of course the restaurants put their license's at risk if they are violating the law so I assume they have analyzed the law and are circumventing the portion regarding selling within the bar and then allowing to be taken out? Also, it is questionable as to who would be responsible the person carrying out or the restaurant. I am only guessing it would be the person carrying???:beer3:

JoeC1947 03-03-2012 02:37 PM

Quote:

Originally Posted by EdVinMass (Post 461964)
Here’s an interesting question:

Can you be cited for an open container while sitting in a parked cart on a multi-modal path.

According to the open container law, the vehicle must be on a road which is defined as any way that is open to the public. Since the paths in TV are private and have not been assigned to the sheriff for enforcement, it would appear that you could have an open container in this case.

Ya gotta cross a road sooner or later and I believe that even if your beer can is empty, it's still an open container.

paulandjean 03-03-2012 02:48 PM

SO with that logic, in states with deposit laws,bringing the empty cans back to the store for refund,you could be cited for open container. I beleive if can is empty then you have no case.I could have drank that can yesterday.

jsw14 03-03-2012 04:27 PM

Quote:

Originally Posted by paulandjean (Post 462062)
SO with that logic, in states with deposit laws,bringing the empty cans back to the store for refund,you could be cited for open container. I beleive if can is empty then you have no case.I could have drank that can yesterday.

Yuppers Again, paulandjean:smiley: Hmmmmmm, I wonder when I go to the recycle center like I do with crushed cans or not crushed, (ie> Pop, energy drinks, beer cans etc) I can get a ticket before I get their???? WHAT a JOKE:laugh::laugh:

coolkayaker1 03-04-2012 12:02 AM

So, if designated driver such as wife is not drinking at all, is in the cart drivers seat, has the keys in the ignition at SS, and I'm in the passengers seat with an open beer that I bought in SS, I could, if the law was enforced, get a ticket. Is that right?

skip0358 03-04-2012 07:20 AM

Yes
 
Quote:

Originally Posted by coolkayaker1 (Post 462315)
So, if designated driver such as wife is not drinking at all, is in the cart drivers seat, has the keys in the ignition at SS, and I'm in the passengers seat with an open beer that I bought in SS, I could, if the law was enforced, get a ticket. Is that right?

Doesn't matter if the keys are in the cart or not by law it's an open container in a motor vehicle on a public roadway. At the Polo Grounds you CAN sit in the cart with an open container because it's private property however if the cart is moving and you have an open container at the Polo Grounds you CAN be ticketed. I didn't make this up it was posted in a recent POA paper from a meeting with the Sheriff.

Harry Gilbert 03-04-2012 07:37 AM

Here is Florida's open container law.


Flsenate Archive: Statutes & Constitution > View Statutes

paulandjean 03-04-2012 08:43 AM

Maybe this is the best way to explain that the police will not bother you in or around your golf cart with a can of suds. There is a golf cart even a few of them, that look like small trucks. They open up the back doors and its a bar. They pour mixed drinks just like at a bar. All the seals are broken on the booze,so the owner of that cart could be given a ticket everytime he is in the cart. I parked next to him at LSL and even seen cops looking and talking to him about what a special cart it is.Police will not bother unless you are a problem. Trust me.

Billyworld 03-04-2012 09:13 AM

Not taking chances
 
Hey All, Thanks for all your input on this subject. What started this all was one night I was sitting in my Streetrod with my best gal (wife) and two deputy's walked over to me and craned their necks to look into my cart. They were defenitely looking for something. My gal noticed this also and this is how this post got started. I think I will refrain from sitting with a open container. I think the solution is a big insulated cooler cup with a big dose of vodka and pink grapefruit juice. Thanks again and C-YA at the square!:beer3:

PennBF 03-04-2012 11:47 AM

Bigger Problem
 
Why do people insist on sitting in a cart with an open alcohol beverage. What is more serious is that this is viewed by some as a problem in not allowing them to do it. Given that is their concern they have a greater problem than the container !! They may want to ask themselves why they think not being able to drink in a cart is a problem to them ?? Does "rehab" sound like an alternative? Or maybe better understanding why alcohol is so important to them??:gc:

paulandjean 03-04-2012 01:31 PM

Or you can look at it this way.Why would you want to sit on hard plastic chair,under the hot sun drinking a cold beer. Or you can sit in a nice comfortable golf cart padded seat and covered from the shade and drink a nice cold beer. Besides you do not have to go far for a refill,just reach around.

graciegirl 03-04-2012 01:35 PM

Boy Howdy.:shrug::popcorn:


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