As used in this chapter, the following terms shall have the meanings
indicated:
INTENT TO CONSUME
Includes any of the following:
A.
Drinking from the container.
B.
Possession with movement of the container to the mouth.
C.
Possession with alcohol on the breath of the possessor.
D.
Any circumstances evidencing an intent to ultimately consume on any
public lands without permission.
OPEN CONTAINER
Any bottle, can or container containing liquor, beer, wine or other
alcoholic beverage, as the same is defined by the Alcoholic Beverage Control
Law of the State of New York.
No person shall have in his possession with intent to consume any open
bottle or container containing liquor, beer, wine or other alcoholic beverage
while such person is on any public highway, public street, public sidewalks,
public parking area or in any vehicle or public place, excepting those premises
duly licensed for sale and consumption of alcoholic beverages on the premises.
An open bottle or open container in any vehicle shall be presumptive
evidence that the same is in possession with intent to consume of all occupants
thereof and in violation hereof.
A violation of this chapter shall constitute an offense punishable by
a fine not exceeding $250 or by imprisonment in the Warren County Jail for
not more than 15 days, or by both such fine and imprisonment.