4-2-9: DAYS AND HOURS OF SALES; BUSINESS RESTRICTIONS:

   A.   Days And Hours Established: All licensed establishments wherein alcoholic beverages are sold, offered for sale or given away at retail shall be closed on any day between two o'clock (2:00) A.M. and eight o'clock (8:00) A.M.

   B.   Presence On Premises: During such hours, all persons except the alcoholic beverage licensee and employees of such licensed establishment shall be excluded from the licensed premises.

   C.   Sales Prohibited; Certain Businesses Exempt From Closing Hours: During the hours when the licensed establishments where alcoholic beverages are sold at retail are required by this chapter to be closed, it shall be unlawful to sell, offer for sale, give away, consume, or allow the consumption of alcoholic beverages. When an establishment licensed to sell alcoholic beverages is operated in conjunction with a hotel, restaurant, bus depot, railway terminal, grocery store, pharmacy, or other lawful business other than that of the sale of alcoholic beverages, then such other lawful business need not be closed.

   D.   Consumption Prohibited: No alcoholic beverages shall be consumed, or allowed to be consumed upon or in any premises licensed to sell beer or liquor at retail during the hours set out in subsection A of this section.

   E.   Violation; Penalties: A violation of any of the provisions of this section shall be deemed a misdemeanor and, upon conviction, the offender shall be subject to penalty as provided in section 1-4-1 of this code; the persons acting as servants, employees, or agents shall be severally liable in the same manner as their employer or principals. (Ord. 11.04; amd. 2006 Code)

4-2-10: UNDERAGE PERSONS:

   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.

4-2-11: DRINKING IN PUBLIC; PUBLIC DISPLAY AND EXHIBITION OF ALCOHOLIC BEVERAGES:

   A.   Definitions: As per adoption of Montana Code Annotated section 16-1-106 in section 4-2-2 of this chapter, the state definitions shall apply. In addition thereto, the following words and phrases, as used herein, shall be defined as follows:

    BUSINESS DISTRICT: That portion of the city which comprises the following designated areas:

      1.   All of U.S. Highway 2, which transects the city and is designated as Main Street within the city;

      2.   All of that street designated as truck route, which runs parallel to U.S. Highway 2 and Main Street through the city;

      3.   All that portion of Central Avenue in the city from that intersection known as First Street South and Central Avenue to that portion of Central Avenue which exits the city and becomes U.S. Highway 287, exiting the city to the north;

      4.   The east half of First Avenue Southwest between First Street and Main Street; and

      5.   Within one-half (1/2) block on either side of any business establishment licensed to sell beer and wine or licensed to be a retail liquor seller.

   PUBLIC DISPLAY OR EXHIBITION OF BEER OR LIQUOR: The carrying or transporting of open containers containing any alcoholic beverage in a "public place" as defined in Montana Code Annotated section 16-1-106; but does not include empty containers; nor does it include carrying or transporting unopened alcoholic beverages in sacks or other containers; it further does not include the collection and transportation of empty containers for salvage, recycling, or refuse collection purposes.

   PUBLIC DRINKING: The drinking and consuming of any alcoholic beverage in any "public place" defined in Montana Code Annotated section 16-1-106.

   B.   Prohibitions: "Public drinking" and "public display or exhibition of beer or liquor" as defined herein are hereby prohibited, and it shall be unlawful and a misdemeanor for any person to engage in these activities as defined in this section within the city limits.

   C.   Exemptions:

      1.   Petition For Exemption: Any person, business, organization, or group may petition the city council for the purpose of waiving enforcement of this section during any activity or event, such as the Lewis and Clark Festival or a public street dance. If the council permits said special exemption, then no person may be charged with violating this section during said permitted event. The city council may permit any such event by passing a resolution to that extent.

      2.   Metal Can Containers Permitted: While other provisions of this code prohibit glass containers in any of the city's parks 1 , this section shall not be construed as prohibiting any person from using the city's Main Street Park for a family picnic or similar activity, wherein canned beer or alcoholic beverages are consumed.

   D.   Signs Posted: The city shall have available and shall provide two (2) signs, said signs stating that the city has an open container ordinance prohibiting public drinking, exhibition or display. Each retail licensee selling beer, wine or liquor shall place these signs in his business establishment in a prominent location so that the patrons are advised of this section. No penalty may be imposed on the business owner for failure to post these signs.

   E.   Violation; 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 by a fine of not less than one hundred dollars ($100.00) nor greater than five hundred dollars ($500.00) for a first offense within a calendar year. A second conviction shall result in a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00). A third or subsequent conviction shall result in a fine not less than five hundred dollars ($500.00). (Ord. 11.06, 6-18-2001; amd. 2006 Code)

 

Notes

1	1. See section 8-5-1 of this code.

4-2-12: PROHIBITED ACTS:

All acts or omissions which are prohibited or declared unlawful by the portions of the Montana alcoholic beverage code herein adopted by reference or by such regulations as may be made by the Montana department of revenue which shall have the full force and effect of law, are hereby prohibited and declared unlawful. (Ord. 11.00)

4-2-13: REVOCATION OR SUSPENSION OF LICENSE:

If any license issued by the Montana department of revenue, under the provisions of the Montana alcoholic beverage code, becomes revoked or suspended under the provisions of said code, the companion license issued under the provisions of this chapter shall be automatically revoked or suspended for the same period, and in the event such action by the Montana department of revenue shall, on appeal, be modified or set aside, the suspension or revocation of the license issued under the provisions of this chapter shall likewise be automatically affected. (Ord. 11.00)