As used in this chapter, the following terms shall have the meanings
indicated:
INTOXICATING BEVERAGE
Any alcohol, brandy, whiskey, rum, gin, cordial, beer, ale, porter,
stout, wine, cider, and any other spirituous, vinous, malt or fermented liquor,
or compound, by whatever name called, which contains 1/2 of 1% or more of
alcohol by volume, as defined in Article 2B of the Annotated Coe of Maryland,
as amended from time to time.
OPEN CONTAINER
Any intoxicating beverage which has had its cap, cork, lid, tab or
top unsealed or removed, whether or not its cap, cork, lid, tab or top has
been temporarily replaced on the container.
POSSESSION
The actual physical grasping, touching or carrying of the intoxicating
beverage by hand or other means or in any pocket, garment, bag or container
carried or worn by the person. It shall include the constructive possession
of tile intoxicating beverage when the container is located within the immediate
reach or grasp of the person.
PUBLIC PLACES
A.
Includes the quasi-public area in front of, adjacent to,
or in any store, shop, restaurant, luncheonette or any other place of business
where the general public is invited and shall include also any parking lot
or other private property not owned or under the dominion of the person charged
with a violation of this chapter; and
B.
All publicly owned or operated buildings and grounds; any street, highway,
alley, or sidewalk, except municipal parks or other areas which are the subject
of other ordinances which govern the use of the activities which may take
place within such areas.
C.
Nothing in this section shall prohibit the on-site consumption or possession
of intoxicating beverages in any business which maintains a valid on-site
consumption alcoholic beverage license, provided that the consumption or possession
occurs within the areas permitted by the license.
The Town Police Department or any authorized peace officer shall enforce
this chapter.
Any person who shall violate the provisions of this chapter shall be
deemed guilty of a misdemeanor and shall be punishable by a fine up to $250
and/or up to 30 days' imprisonment for the first offense and up to a
$500 fine and/or 90 days' imprisonment for any subsequent offense, plus
court costs.