(A) Checks without sufficient funds. Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of such making, drawing, uttering, or delivering, that the maker, or drawer, has not sufficient funds in or credit with such bank or other depository, for the payment of such check, draft, or order, in full upon its presentation, or any person who with the intent to defraud, shall make, draw, utter or deliver any check, draft, or order for the payment of money to apply on account or otherwise, upon any bank or other depository and who shall not have sufficient funds for the payment for same when presentation for payment is made to the drawee, except where such lack of funds is due to garnishment, attachment, levy, or other lawful cause, and such fact was not known to the person who made, drew, uttered, or delivered the instrument at the time of so doing, shall, if the amount payable in the check does not exceed $50, shall be guilty of a misdemeanor.
(1984 Code, § 4-02-03-010)
(B) Prima facie evidence. As against the maker or drawee thereof, the making, drawing, uttering. or delivering of a check, draft, or order, payment of which is refused by the drawee when presented in the usual course of business, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with all costs and protest fees, within five days after receiving notice that such check, draft, or other has not been paid by the drawee.
(1984 Code, § 4-02-03-020)
(C) Prohibited acts. A person shall not transport or possess any beer, wine, or alcoholic spirits in a container which is open, uncapped, or upon which the seal is broken, within the passenger compartment of a vehicle on the streets and highways of the village. If the vehicle does not have a trunk or compartment separate from the passenger compartment, a container which is open, uncapped, or upon which the seal is broken shall be encased or enclosed.
(1984 Code, § 4-02-03-040)
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with potable water, and other substances in solution, and includes, among other things, wine containing an alcoholic content of over 16% by volume.
BEER. Any beverage obtained by alcoholic fermentation or an infusion or decoction of bailey, malt, hops, and/or other cereal in potable water.
WINE. The product made by the normal alcoholic fermentation of the juice of sound, ripe grapes, or other fruit with the usual cellar treatment, containing not more than 16% of alcohol by volume. The term WINE shall include fermented fruit juices other than grapes.
(1984 Code, § 4-02-03-050)
(E) Exception. This section shall not apply to any chartered passenger vehicle licensed by the State Public Service Commission.
(1984 Code, § 4-02-03-060)
(Ord. 43, passed 4-16-1974; Ord. 53, passed 2-17-1976) Penalty, see § 131.99