§ 9.12.030. Alcoholic beverages in public places.

A.

Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:

1.

"Alcohol" means ethyl alcohol, also called ethanol, or the hydrated oxide of ethel.

2.

"Alcoholic beverage" means a compound produced and sold for human consumption as a drink that contains more than one-half percent of alcohol by volume.

3.

"Beer" means a malt beverage containing not more than seven percent of alcohol by weight.

4.

"Liquor" means an alcoholic beverage, except beer and table wine.

5.

"Malt beverage" means an alcoholic beverage made by the fermentation of an infusion or decoction, or a combination of both, in potable brewing water, of malted barley with or without hops or their parts or their products and with or without other malted cereals and with or without the addition of unmalted or prepared cereals, other carbohydrates, or products prepared therefrom and with or without other wholesome products suitable for human food consumption.

6.

"Public display or exhibition of beer, wine or liquor" means the carrying, possession, or exhibiting of open cans, bottles, glasses, or any other container of beer, wine, or liquor, even though appearing empty, on or within any public place as defined herein or within any vehicle that is upon a public place as defined herein. This definition does not include carrying or transporting beer, wine or liquor from retail or wholesale liquor or beer establishments in sacks, cases, boxes, cartons or other similar containers if the seal for the alcoholic beverage container is unbroken; nor does this definition include those situations wherein the alcoholic beverage container is being transported or carried to a recycling center or garbage disposal site; nor does this definition include transportation of alcoholic containers in a compartment of a vehicle that is outside the passenger area of the vehicle and which area is not accessible to the driver and passenger of the vehicle from the passenger area while the vehicle is in operation.

7.

"Public drinking" means the drinking or consuming of beer, wine or liquor within or upon any vehicle that is upon a public place as defined in this section.

8.

"Public place" or "public places" means any city park or any highway, road, alley, lane, parking area, or other public or private place open, adapted, and fitted for public use or public travel or that is in fact commonly used by the public, publicly owned parking lots and privately owned parking lots open to the public for parking in the City of Hamilton, and including any vehicle thereon. This definition does not include the specific premises licensed for the sale of liquor or beer at retail by the Liquor Division of the Montana Department of Revenue. For purposes of this definition, the term "premises" shall have the same meaning attributed to that term by the Department of Revenue pursuant to its administrative regulations, which term is limited to: the building or any specific portion of any building in which the licensed liquor, beer or wine sale business is conducted and those licensed areas in which the licensee operates a lawful sidewalk cafe, open air restaurant or tavern adjacent to the licensed building and to which patrons are permitted direct access from the building.

9.

"Table wine" means wine as defined below which contains not more than sixteen percent (16%) alcohol by volume.

10.

"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway.

11.

"Wine" means an alcoholic beverage made from the normal alcoholic fermentation of the juice of sound, ripe fruit or other agricultural products without addition or abstraction, except as may occur in the usual cellar treatment of clarifying and aging, and that contains more than one-half percent but not more than twenty-four (24) percent of alcohol by volume. Other alcoholic beverages made in the manner of wine and labeled and sold as wine in accordance with federal regulations are also wine.

B.

Unlawful within city limits. Public drinking, public display, or exhibition of beer, wine or liquor as defined in this chapter is prohibited, and it is unlawful for any person to engage in public drinking, public display or exhibition of beer, wine, or liquor with the city limits. Any organization desiring to serve beer, wine or liquor upon a public place as defined in this chapter as part of a promotion celebration or other organized activity may apply for a special event permit under Chapter 12.28. Use of any public place, as applicable, shall include the approval of the owner or lessee of any parking lot open to the public.

(Ord. 207, 2002: Ord. 131 (part), 1998: prior code § 9.06.280)