(a) Definitions. In this section, the following words have the meanings indicated.
(1) “Alcoholic beverage” means an alcoholic beverage as defined in § 1-101 of the Alcoholic Beverages and Cannabis Article of State Code.
(2) "Container" means an object, regardless of shape or design or of materials from which made, that is capable of holding and dispensing a substance.
(3) "Open" means not in sealed manufactured package form.
(4) "Public road" includes a street, highway, shoulder, median, right-of-way, alley, sidewalk, road, parking lot or area, lane, path, public way, or any other land that is owned or leased by the County or the State and used or intended or obtained for use for public conveyance of vehicles or persons.
(5) "Vehicle" means a vehicle as defined in the Transportation Article, § 11-176, of the State Code.
(b) Scope. This section does not apply to:
(1) the consumption of alcoholic beverages or the possession of one or more alcoholic beverage containers by a non-driver passenger in a registered Class B (for hire) vehicle, as defined in the Transportation Article, § 13-913, of the State Code;
(2)
the possession or consumption of alcoholic beverages on a premises licensed for the consumption of alcoholic beverages under Alcoholic Beverages and Cannabis Article of State Code;
(3) consumption of alcoholic beverages or possession of open containers of alcoholic beverages on a public road if allowed under the terms of a permit issued by an authorized State or local agency having jurisdiction over the public road; or
(4) the carrying or transporting of open containers of alcoholic beverages in a part of a vehicle not within the immediate control of the driver of or a passenger in the vehicle.
(c) Prohibitions. A person may not consume an alcoholic beverage on a public road in the County or in a vehicle while the vehicle is on a public road in the County. A person may not possess an open container of alcoholic beverage on a public road or in a vehicle while the vehicle is on a public road in the County.
(d) Sanctions for violation. A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding three months or both.
(1985 Code, Art. 11, § 1-102) (Bill No. 23-04)