A. Definitions: The following words and phrases as used in this section shall be defined as follows:
BEER: Any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt, hops or of any similar products in drinkable water containing not more than seven percent (7%) of alcohol by weight.
BUSINESS DISTRICT: That portion of the city of Glendive which comprises the following designated areas:
A. The portion of Merrill Avenue from West Brennan Street to Clough Street and one-half (1/2) block on either side of the said portion of Merrill Avenue;
B. The portion of Kendrick Avenue from West Clement Street to South Douglas Street and one- half (1/2) block on either side of the said portion of Kendrick Avenue;
C. The portion of Meade Avenue from West Clement Street to South Douglas Street and one-half (1/2) block on either side of the said portion of Meade Avenue.
LIQUOR OR LIQUORS: Any alcoholic, spirituous, vinous, fermented, malt or other liquor, but which shall not mean or include "beer" or "table wine" as those terms are defined in the Montana alcoholic beverage code.
PUBLIC DISPLAY OR EXHIBITION OF BEER OR LIQUOR: The carrying or exhibiting of open cans or bottles of beer or liquor, or the carrying or exhibiting of glasses or other types of containers, either empty or containing beer or liquor within a "public place" as defined herein; but does not include carrying or transporting beer or liquor in sacks, cases, boxes, cartons or other similar containers that conceal the contents, provided such beer or liquor has not been opened and seals have not been broken; it further does not include the collection and transportation of empty containers for salvage or refuse collection purposes in those portions of vehicles not used for passenger purposes.
PUBLIC DRINKING: The drinking or consuming of beer or liquor in any "public place" as defined herein.
PUBLIC PLACES: All streets, avenues, alleys, parking lots and sidewalks, not including the inside of any buildings, within the "business district" of the city as defined in this section, and within eighty feet (80') of any doorway of any retail liquor or beer establishment in the city, and within eighty feet (80') of any portion of public or private school property in the city. (Ord. 33-85, 5-7-1990; amd. 2004 Code)
B. Prohibited: "Public drinking" and "public display or exhibition of beer or liquor" as defined in subsection A of this section are hereby prohibited and it shall be unlawful and a misdemeanor for any person to engage in "public drinking" as herein defined within the limits of the city. It shall be unlawful and a misdemeanor for any person to engage in any "public display or exhibition of beer or liquor" as herein defined within the city limits.
C. Penalty: Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-4-1 of this code. (Ord. 33-85, 5-7-1990)