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 sidewalk, public parking area or in any vehicle on
a public place excepting those premises duly licensed for sale and
consumption of alcoholic beverages on the premises.
As used in this article, the following terms shall have the
meanings indicated:
INTENT TO CONSUME
Includes any of the following: drinking from the container;
possession with movement of the container to the mouth; and any circumstances
evidencing an intent to ultimately consume in any public place.
OPEN BOTTLE, CAN OR OTHER CONTAINER
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid, which has been uncapped, uncorked, the tab
removed or the top sliced, cut or broken, or its original condition
altered in such a way that the liquid can flow out of it.
An open bottle or open container in any vehicle shall be presumptive
evidence that the same is in possession of all occupants thereof and
in violation hereof.
Any person violating any provision of this article shall, upon
conviction, be liable to a penalty not exceeding $250, 15 days' imprisonment,
or both.