A. Definitions:
ALCOHOL: Ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.
ALCOHOLIC BEVERAGE: A compound produced and sold for human consumption as a drink that contains more than 0.5% of alcohol by volume.
BEER: A malt beverage containing not more than seven percent (7%) of alcohol by weight.
INTOXICATING SUBSTANCE: A controlled substance, as defined in title 50, chapter 32, Montana Code Annotated or its successor provision, and an alcoholic beverage, including, but not limited to, a beverage containing 1/2 of 1% or more of alcohol by volume. Intoxicating substance does not include dealcoholized wine or a beverage or liquid produced by the process by which beer, ale, port, or wine is produced if it contains less than 1/2 of 1% of alcohol by volume.
POSSESSION: The knowing control of anything for a sufficient time to be able to terminate control.
PUBLIC DISPLAY OR EXHIBITION OF OPEN ALCOHOLIC BEVERAGES: Means and includes the carrying and exhibiting of open cans or bottles of any alcoholic beverage or the carrying and exhibiting of glasses, cups, or other types of containers for alcoholic beverages, to, in, on or within any public place within the town, even though empty, but does not include carrying or transporting such alcoholic beverages from retail liquor or beer establishments in sacks, cases, boxes, cartons or similar containers with unbroken seals and does not include carrying or exhibiting any empty or discarded bottle, can or other container solely for the purpose of disposal in a proper waste receptacle.
PUBLIC DRINKING: Includes the consumption or possession, for the purpose of consumption, of open alcoholic beverages in or on any public place in the town.
PUBLIC PLACE: All streets, avenues, alleys and parks in the town, all municipal and public buildings, and places to which the public or a substantial group has access, but does not include premises licensed for the sale of alcoholic beverages at retail by the department of revenue of the state, or the town. "Public place" does not include a private residence and its contiguous real property (front or rear yard) or a private hotel or motel room so long as the possession and consumption is in compliance with the Montana alcoholic beverage code, title 45 of the Montana Code Annotated and this chapter, but does include the commonly shared areas such as common hallways of a building or apartment complex, and areas of town right of way, including sidewalks and streets.
B. Public Drinking Or Display Of Open Alcoholic Beverages Prohibited: Public drinking or display or exhibition of open alcoholic beverages (open container) as defined in subsection A of this section is prohibited, and it is unlawful for any person to engage in public drinking, public display or exhibition of open alcoholic beverages (open container) within the town.
C. Public Consumption In Vehicles Prohibited: No person shall drink or consume an intoxicating substance or alcoholic beverage in or on any motor vehicle when such vehicle is upon a public highway or in a public place. No person shall have in his/her possession while in or on a motor vehicle while in a public place, a container of an alcoholic beverage which has been opened or the seal broken, or the contents of which have been partially removed.
It is unlawful for the owner of any motor vehicle or the driver, if the owner is not present in or on the motor vehicle, to keep or allow to be kept in the vehicle when such vehicle is in a public place, any bottle, can or other receptacle containing an alcoholic beverage which has been opened, or the seal broken, or the contents of which have been partially removed, except when such bottle or receptacle shall be kept in the trunk of the motor vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passenger, if the motor vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.
D. Exceptions; Permits Allowed:
1. A permit may be granted by the Manhattan police department ("department") to permit persons to possess or consume alcoholic beverages in a public place, for purposes such as picnics, parties, reunions, barbecues, or other public assemblies in public places, upon application and approval.
2. A permit may be granted, within the sole discretion of the department. The application must include the following:
a. The application shall designate either the applicant, or one or more members of the group submitting the application as the contact person for the event. The contact person shall be present at all times during the event, or shall arrange for an alternate contact person. The contact person shall be in charge of the event and be responsible for those attending the event.
b. The application shall be filed a minimum of fourteen (14) days before the event. An application not acted upon within ten (10) days of its submission shall be deemed denied.
c. The application shall include proof of insurance in an amount acceptable to the town and which includes the town as an additional insured in cases where the event is expected to include seventy five (75) persons or more.
d. The department may include conditions as part of the permit approval and has the discretion to withdraw or revoke the permit at any time if it appears that the event will adversely impact the town or any of its inhabitants, including, but not limited to, the safe and orderly movement of pedestrian or vehicle traffic and any significant negative impact on individuals living in the vicinity of the activity or event, or when a public emergency exists.
e. The application shall be accompanied by a fee to the department. The fee shall be set by the town council by resolution and is a nonrefundable fee to cover administrative costs of processing the application. Payment of the fee does not entitle the applicant to approval for the permit.
f. If the event is to be held on a regular or recurring basis at the same location, an application for a permit for the calendar year or any portion thereof may be filed at least sixty (60) days and not more than one hundred eighty (180) days before the date and time of the first event proposed. The department, as appropriate, may waive the minimum filing period after due consideration of all necessary facts.
g. A denial of the application may be reconsidered by the town council upon request by the applicant. (Ord. 05-001, 1-11-2005)
E. Penalties For Violations: Any person violating a provision of this chapter for which another penalty has not been provided shall, upon conviction thereof, be punished as set forth in section 1-4-2 of this code. (Ord. 07-002, 2-13-2007)