This article shall be titled "Intoxication and Alcoholic Beverage
Offenses."
The following words and terms shall have the following meanings:
ALCOHOLIC BEVERAGE
Fermented malt beverages, intoxicating liquor and wines which
contain 0.5% or more alcohol by volume, but shall not include any
beverage used in a bona fide religious ceremony.
INTOXICATED
Not having the normal use of mental or physical faculties
by reason of the introduction of alcohol, a controlled substance,
a drug, a dangerous drug, or combination of two or more of those substances
or any other substance into the body.
PRIVATE PROPERTY
Any private residence which is owned or leased by:
A.
The person consuming the alcoholic beverage or in possession
of the open container of the alcoholic beverage;
B.
An immediate member of said person's family; or
C.
A person who has granted permission to the person consuming
the alcoholic beverage or in possession of the open container of the
alcoholic beverage to be on the property.
PRIVATE RESIDENCE
A house or apartment where persons reside and shall not include
any commercial establishment.
PUBLIC PLACE
A.
A public place is not:
(1)
Inside a place that is licensed to allow consumption of alcoholic beverages on its premises pursuant to Article
I of this chapter; and
(2)
A place where alcoholic beverages are allowed to be consumed pursuant to Chapter
444, Parks and Recreation, Article
I, Ballparks, of this Code or any other chapter of the Code of Menominee Indian Tribe.
B.
A public place is any place:
(1)
That is within view of a public road; or
(2)
That is where the conduct involved may reasonably be expected
to be viewed by people other than members of the actor's family
or household; and
(3)
That is not private property.