Section 2003-A - Public drinking1.Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Authorized person" means a person having a relationship to the premises, which is unique and not shared by the general public. With respect to property owned by another, it includes a tenant, custodian or night watchman. With respect to publicly-owned property, it includes police officers and other public employees charged with the responsibility of maintaining or protecting public property. [1981, c. 418, §2(NEW).]B. "Liquor" means and includes any alcoholic, spirituous vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors, intended for human consumption, which contains more than 1/2 of 1% of alcohol by volume. [1981, c. 418, §2(NEW).]C. "Open container" means not having a cap, stopper or other cover in place. [1981, c. 418, §2(NEW).]D. "Public place" means: (1) A place owned or operated by a governmental entity to which the public at large or a substantial group has access, including but not limited to:(a) Public ways as defined in Title 17-A, section 505;(b) Schools, government-owned custodial facilities;(c) The lobbies, hallways, lavatories, toilets and basement portions of apartment houses, hotels, public buildings and transportation terminals; and(2) Private ways and parking areas, physically adjacent to public ways and designed primarily for vehicular traffic. [1987, c. 59(AMD).] [1987, c. 59(AMD).]
2.Crime. A person is guilty of public drinking if the person drinks liquor in any public place within 200 feet of a notice posted conspicuously in the public place by the owner or authorized person that forbids drinking in the public place or after being forbidden to do so personally by a law enforcement officer, unless the person has been given permission to do so by the owner or authorized person. [2001, c. 139, §1(RPR).]
3.Evidence. The possession of an open container of liquor in a public place is prima facie evidence of a violation of this section. [1981, c. 418, §2(NEW).]
4.Violation. Violation of this section is a Class E crime. [1985, c. 737, Pt. A, §39(NEW).]
Amended by 2022, c. 658,§ 1, eff. 8/8/2022.1981, c. 418, § 2 (NEW) . 1985, c. 474, (AMD) . 1985, c. 737, §A39 (AMD) . 1987, c. 59, (AMD) . 1991, c. 157, (AMD) . 2001, c. 139, § 1 (AMD) .