No person shall drink from or be in possession of an unsealed
or open container of alcoholic beverage or offer alcoholic beverage
to the public as defined in Chapter 138, Section 1 of the Massachusetts
General Laws while on, in, or upon any public way or public building
or upon any way or building to which the public has a right of access
or in any place, way, or building to which members of the public have
access as invitees or licensees or in any park or playground or school
grounds or on private land. All alcoholic beverages being used in
violation of this Town by-law shall be seized and safely held for
trial before the Court, at which time they shall be returned to the
person entitled to lawful possession. Whoever violates this Town bylaw
shall be subject to a fine of fifty ($50) dollars for each offense.
Notwithstanding anything in the foregoing to the contrary, this
bylaw shall not apply to any premises or land as to which a current
and effective license for the consumption and/or service of alcohol
has been issued by the licensing authority under General Laws Chapter
138. In addition, the foregoing bylaw shall not apply to the consumption
and/or service of alcoholic beverages in private residences or upon
private land to which the public does not have a right of access.