County Attorney Rules Beach Concerts Can't Serve Alcohol Without A Permit

"No possession or consumption of alcoholic beverages without permit," the County's permit paperwork for the Concerts state. There is no permit. None. Never had one. Ever.  Might be a good time to apply for one.

On Friday, May 12, 2017 4:28 PM, Patrick McCormack wrote:

Hi Tom,
I have verified that events can not serve alcohol without a permit, am still looking at how to handle the factor of private individuals bringing their own drinks, and how the SJC code interacts with the SAB ordinances. I should have that done by next week.
Thanks,
Pat

Sent from my iPhone

That shouldn't take too long -- the Concerts by the Sea begin anew on Wednesday, May 24, 2017 (after a dance lesson session led by Adam Morley on May 17th). 

The Concerts by the Sea are not located on the pier; hence, alcohol possession and consumption may be illegal, not only under Section 19 of the County Parks ordinance, but quite possibly also under the St. Augustine Beach ordinance 5-2:

Sec. 5-2. - Alcoholic beverages.
(a) In this section "unsealed container" means any container that is not the original container in which the alcoholic beverage was originally bottled, canned or otherwise encased. "Unsealed container" also means any container that has been opened, tapped or unsealed regardless of whether or not the container has been resealed or reclosed.
(b) It is unlawful for any person to consume or drink any beer, wine, whiskey, or other beverage or liquid containing alcohol while such person is on the city beach or is on or in the Atlantic Ocean within fifty (50) feet of the city beach shoreline; provided, however, it is lawful for any person to consume and possess beer and wine on the county ocean pier.
c) It is unlawful for any person to be in actual or constructive possession of any unsealed bottle, can or other container that contains beer, wine, whiskey or other beverage or liquid containing alcohol when such unsealed container is within the boundaries of a city beach or is on or in the Atlantic Ocean within fifty (50) feet of the city beach shoreline.
(d) It is unlawful for the owner, driver or possessor of any vehicle to have in such vehicle any unsealed bottle, can or other container that contains beer, wine, whiskey or other beverage or liquid containing alcohol while such vehicle is on the city beach.
(e) Possession of an open or an unsealed container containing an alcoholic beverage by any person in the areas prohibited by this section shall be prima facie evidence of violation of this section.
(f) Any law enforcement officer who legally discovers or observes abandoned or unclaimed alcoholic beverages or abandoned or unclaimed unsealed containers containing beer, wine, whiskey or other beverages or liquids containing alcohol on the city beach may seize the alcoholic beverage and/or unsealed container and remove same for evidence or destruction. No person shall have a claim of action against the law enforcement officer, the city or the city's employees for such lawful seizure or destruction of the container or its contents.
(Ord. No. 156, § 1, 5-23-86)




What's the next move by St. Johns County Sheriff civil process supervisor WILLIAM JONES, controversial St. Augustine Beach Civic Association President?

Looks like the County's fixin' to ban alcohol at SABCA's Music by the Sea concerts, where 800-1300 people party weekly, until and unless JONES obtains proper permits.

This issue was not discussed at the May 1, 2017 joint meeting of St. Johns County Commission and St. Augustine Beach City Commission.

No word about the opinion of WILLIAM JONES' boss, St. Johns County Sheriff DAVID SHOAR, whose deputies patrol our beaches and routinely charge people with drinking in county parks and on county beaches (except for JONES' concertgoers, apparently).

Is this a violation of the Equal Protection clause of the U.S. Constitution, and a civil rights violation remediable under  42 U.S.C. 1983?

What do you reckon?