For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 8.75% of alcohol by volume.
LIQUOR or LIQUORS. Any alcoholic, spirituous, vinous, fermented, malt or other liquor which contains more than 1% of alcohol by weight, but which shall not mean or include beer, as that term is defined in the Montana Beer Act.
MOTOR VEHICLE. Every vehicle which is self-propelled by which any person or property is, or may be, transported or drawn upon a public highway.
POSSESSION. The knowing control of anything for a sufficient time to be able to terminate control.
PUBLIC DISPLAY OR EXHIBITION OF BEER OR LIQUOR. The carrying and exhibiting of open cans or bottles of beer, or the carrying and exhibiting of glasses or other types of container, or containing beer or liquor, from retail liquor or beer establishments to any “public place”, as defined in this section, or to, in, on or within any motor vehicles while parked or operated on any “public place”, as defined in this section; but does not include carrying or transporting such beer or liquor from retail liquor or beer establishments in sacks, cases, boxes, cartons or other similar containers with unbroken seals when no display or exhibition is made, nor transporting from private residences.
PUBLIC DRINKING. Includes the consumption or possession, for the purpose of consumption, of open alcoholic beverages in or on any public place in the city.
PUBLIC PLACE. All streets, alleys, athletic fields, public parks, public parking lots and motor vehicles when parked or operated within the city limits. For purposes of this chapter, a “public parking lot” shall be deemed to be any parking lot, whether owned by the city or by private individuals, to which the general public has access to park and which is designed to accommodate five or more vehicles. PUBLIC PLACE does not include a private residence or business and its contiguous real properly (front or rear yard) or a private hotel or motel room, but does include the commonly shared areas such as common hallways of a building or apartment complex and areas of city right-of-way, including sidewalks and streets.
(Ord. 2017-05, passed 6-5-2017)