§ 18-2. Public drinking.

(a)

Definitions. The following words and phrases used in this section shall be defined as follows:

Beer means any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt, hops or of any similar products in drinkable water containing not more than four percent of alcohol by weight.

Liquor or liquors means any alcoholic, spirituous, vinous, fermented, malt or other liquor which contains more than one percent of alcohol by weight, but which shall not mean or include beer as that term is defined in the Montana Beer Act.

Motor vehicle means every vehicle which is self-propelled by which any person or property is, or may be, transported or drawn upon a public highway.

Public display or exhibition of beer or liquor means the carrying and exhibiting of open cans or bottles of beer, or the carrying and exhibiting of glasses or other types of container, either empty or containing beer or liquor, from retail liquor or beer establishments to, in, on or within any motor vehicles or upon any public place within the city; but does not include carrying or transporting such beer or liquor from retail liquor or beer establishments in sacks, cases, boxes, cartons or other similar containers with unbroken seals or containers when no display or exhibition is made.

Public drinking means the drinking or consuming of beer or liquor in, on, within or upon any motor vehicle or any public places in the city.

Public places means all motor vehicles, streets, avenues and alleys in the city, but does not include any premises licensed for the retail sale of liquor or beer by the state liquor board, or designated area as defined in section 4-1.

(b)

Prohibited acts. Public drinking and public display and exhibitionism of beer or liquor is hereby prohibited and it shall be unlawful for any person to engage in public drinking within the limits of the city; and it shall be unlawful for any person to engage in public display or exhibitionism of beer or liquor within the city limits.

(c)

Penalties. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with section 1-10.

(Ord. No. 345, §§ 1—3, 7-16-1968)

Cross reference

Alcoholic beverages, ch. 4.