Chapter 9.30
DRINKING IN PUBLIC
Sections:
9.30.010 Alcoholic beverages – Consumption unlawful.
9.30.020 Alcoholic beverages – Public possession unlawful.
9.30.030 Alcoholic beverages – Possession in vehicle unlawful.
9.30.010 Alcoholic beverages – Consumption unlawful.
It is unlawful for any person to consume any alcoholic beverage while in or upon public streets, alleys, sidewalks, parking lots, or any other public ways and thoroughfares, unless it is in an area of public celebration as permitted by MTC 9.30.040. [Prior code § 8-9-1]
9.30.020 Alcoholic beverages – Public possession unlawful.
It is unlawful for any person to possess any glass, can, or open container containing any alcoholic beverage on any public street, alley, sidewalk, parking lot, or any other public way or thoroughfare, unless it is in an area of public celebration as permitted by MTC 9.30.040. [Prior code § 8-9-2]
9.30.030 Alcoholic beverages – Possession in vehicle unlawful.
It is unlawful for any person to possess any glass, can or open container containing any alcoholic beverage within or on a motor vehicle, including a motorcycle, while such vehicle is parked or standing on a public street, alley, parking lot, or any other public way and thoroughfare in the town, or while such vehicle is in motion. [Prior code § 8-9-3]
9.30.040 Public celebrations.
It is unlawful for any person to sell, serve, or permit the consumption of alcoholic beverages, and it is unlawful for any person to consume or possess any alcoholic beverages in or on any public parks, streets, public parking lots, or public areas within the town, unless it is a “public celebration” and meets the following requirements:
A. “Public celebration” includes, but is not limited to, any state fair, county fair, community fair, community fiesta, cultural or artistic performance or professional athletic competition of a seasonal nature, any historical performance or pageant, or any public activity held on an intermittent basis.
B. Any person holding a dispenser’s license within the town may dispense alcoholic beverages at a public celebration upon receiving permission and a concession from the governing body of the town, and upon receiving a “special dispenser’s permit” from the Director of the State Alcoholic Beverage Control Department. The permittee shall be subject to all state laws and regulations and all local laws and regulations regulating dispenser’s privileges and disabilities, and the permit shall be valid for no more than 12 hours.
C. The permittee shall not be required to suspend the dispensing of alcoholic beverages at the licensed premises solely because of the issuance of the special dispenser’s permit.
D. In addition to the state fee required for issuance of a special dispenser’s permit, the permittee shall pay the municipality the amount of $10.00 per day for each day the permittee dispenses alcoholic beverages at the public celebration. [Prior code § 8-9-4]
9.30.050 Violation – Penalty.
Any person found guilty of violating any of the provisions of this chapter shall be fined not more than $300.00, or imprisoned not more than 90 days, or by both such fine and imprisonment, and each time this chapter is violated shall constitute a separate offense. [Prior code § 8-9-5]