A. Possession Of Alcoholic Beverages:
1. A person who has not reached the age of twenty one (21) years commits the offense of possession of an alcoholic beverage if he or she knowingly has in his or her possession an "alcoholic beverage", as defined by the Montana Code Annotated 1 , except a person who has not reached the age of twenty one (21) years does not commit the offense of possession of an intoxicating substance when in the course of his or her employment, he or she bags, carries or transports beer for customers at a grocery store.
2. A person convicted of the offense of possession of an alcoholic beverage shall be subject to penalty as provided in Montana Code Annotated section 45-5-624. (Ord. 10.12; amd. 2006 Code)
B. Sales To Prohibited:
1. Prohibitions:
a. Except in the case of an alcoholic beverage provided in a nonintoxicating quantity to a person under twenty one (21) years of age by his parent or guardian, physician or dentist for medicinal purposes, a licensed pharmacist upon the prescription of a physician, or an ordained minister or priest in connection with a religious observance, a person may not sell or otherwise provide an alcoholic beverage to a person under twenty one (21) years of age.
b. A parent, guardian, or other person may not knowingly sell or otherwise provide an alcoholic beverage in an intoxicating quantity to a person under twenty one (21) years of age.
c. For the purposes of this subsection, "intoxicating quantity" means a quantity of an alcoholic beverage that is sufficient to produce:
(1) A blood, breath, or urine alcohol concentration in excess of 0.05; or
(2) Substantial or visible mental or physical impairment.
2. A person convicted of a violation of this subsection shall be fined not to exceed five hundred dollars ($500.00) or be imprisoned in the county jail for any term not to exceed six (6) months, or both. A person convicted of a second violation of this subsection shall be fined not to exceed one thousand dollars ($1,000.00) or be imprisoned in the county jail for any term not to exceed six (6) months, or both. (Ord. 10.16; amd. 2006 Code)
Notes
| 1 | 1. MCA § 16-1-106. |