On Tuesday, April 23, 2019 at approximately 2:30 P.M., while assigned to Bravo Unit, I observed a male drinking an alcoholic beverage (Natural Ice beer) at the corner of Broadway and Austin Street.
I approached the male and identified him as James MCKENNA. I asked MCKENNA what he was drinking and he responded “A beer.” I interacted with MCKENNA two days prior, and gave him a warning for an open container of alcohol.
I placed MCKENNA under arrest for violation of Sec. 9-1. – Alcoholic beverages in public places, which states: “No person shall give, sell, deliver or consume any alcoholic beverage, including but not limited to beer and wine, on any street nor shall any person have in his or her possession an open container containing such beverage on any street, unless said person (1) is a licensed common victualler that has been granted a permit to place and maintain outdoor seating on a public sidewalk (section 12-14) and is duly permitted by the Somerville Licensing Commission to serve alcoholic beverages with food, at outdoor seating, or is a patron thereof, or (2) is licensed to conduct a festival, fiesta, street fair or any similar event (section 8-14(a)) and is permitted by the Somerville Licensing Commission to serve alcoholic beverages within the boundaries of said event, or is a patron thereof. For purposes of this subsection a container shall be deemed open, regardless of its closed or capped condition if the original sealant of the bottler has once been broken.”
MCKENNA was transported to the Somerville Police Headquarters via unit 200, operated by Officer Ducasse, and booked by Lieutenant DiGregorio.
I issued MCKENNA citation# 57658 for violation of Sec. 9-1.
Samir Messaoudi #312