[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]
A.
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.
B.
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]
A.
ALCOHOLIC BEVERAGE
BEER
QUASI-PUBLIC PLACE
UNSEALED ALCOHOLIC BEVERAGE CONTAINER
Definitions. For the purposes of this section, the
following phrases shall have the meanings indicated:
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.
Property under private ownership or control to which the
general public is invited for an event.
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.
B.
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.
C.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
