[HISTORY: Adopted by the Council of the Town of Mount Airy 5-16-1994 by Ord. No. 1994-6. Amendments noted where applicable.]
[Amended 10-3-2016 by Ord. No. 2016-13]
It shall be unlawful for any owner, lessee or manager of any property located in the Town of Mount Airy which is operated for nonresidential purposes to knowingly permit, encourage or allow anyone to enter upon said premises with alcoholic beverages in either open or closed containers intended for the consumption of such person or others upon said premises or to consume any alcoholic beverage upon such premises.
This section shall not apply to any private residence, any premises being operated solely for the benefit of a not-for-profit organization as defined in the Internal Revenue Code of the United States, any premises for which an alcoholic beverage license has been issued pursuant to Article 2B of the Maryland Code or to those persons presently owning, leasing or managing any restaurant or similar food establishment with a valid license issued by the respective county- or state-authorized authority.
Violation of this chapter shall constitute a misdemeanor punishable by a fine not to exceed $1,000, imprisonment for six months, or both.
[Added 12-2-1996 by Ord. No. 1996-12; amended 10-3-2016 by Ord. No. 2016-13]
Definitions. For the purposes of this section, the following phrases shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Alcohol, brandy, whiskey, rum, gin, cordials, beer, ale, stout, wines, cider and any other spirituous, vinous, malt or fermented liquor or compound by whatever name called containing 1/2 of 1% or more of alcohol by volume and which is fit for beverage purposes.
- Any brewed alcoholic beverage and includes beer, ale, porter and stout.
- QUASI-PUBLIC PLACE
- Property under private ownership or control to which the general public is invited for an event.
- UNSEALED ALCOHOLIC BEVERAGE CONTAINER
- A container when its top, tab or cork has been removed or any of the contents have been removed or any seal or stamp thereon has been removed or broken or where the container has been opened in any other manner.
Public intoxication. It shall be unlawful for any person to be in an intoxicated condition upon any of the streets, alleys, public lands or any place or establishment habitually frequented by members of the general public within the limits of the Town of Mount Airy.
Consumption of, or unsealed container of, alcoholic beverages. It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any unsealed alcoholic beverage container with alcoholic beverages therein or to discard any alcoholic beverage container under the following circumstances:
While in or on a public street, lane, road, avenue, sidewalk, public parking place, park, playground, recreation area or any other public place or upon any land owned or occupied by the Town of Mount Airy or by the County Commissioners of Frederick County or the County Commissioners of Carroll County.
While in private motor vehicle while the same is in motion or parked upon any public street, alley, public parking lot or other public or quasi-public place within the Town limits.
While upon any private property in which he or she does not have an ownership interest without the permission of the owner or such other person who has authority to grant such permission.
While in or about any other public or quasi-public place or a place to which the public is invited, including without limitation any business, church, institutional, commercial or professional premises, except when such consumption or possession of an unsealed container or containers is with the express permission of the owner or other person having authority to grant such permission.
Notwithstanding the provisions of Subsection C, the same shall not apply to any public area where the consumption of alcoholic beverages has been specifically authorized by a resolution of the Mayor and Council of the Town of Mount Airy.