§ 17-1-103. PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES.

(a)

Prohibition. Except as provided in subsection (b) of this section, a person may not possess an alcoholic beverage in an open container:

(1)

On public property, property used by the public, or a highway; or

(2)

In a vehicle that is located on public property, property used by the public, or a highway.

(b)

Exceptions. This section does not apply to:

(1)

Possession of alcoholic beverages in open containers in any public place where it is expressly permitted by state or county law or regulation; and

(2)

Consumption of alcoholic beverages by passengers:

(i)

In the living quarters of a motor home equipped with a toilet and central heating; or

(ii)

On a chartered bus in transit if the owner or operator has consented to the consumption of the alcoholic beverages.

(c)

Penalty. A person who violates this section is guilty of a misdemeanor.

(1988 Code, § 20-2) (Bill No. 114-99, § 3, 7-1-2004)