1. 1. Definitions As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

   1. A. "Authorized person" means a person having a relationship to the premises, which is unique and not shared by the general public. With respect to property owned by another, it includes a tenant, custodian or night watchman. With respect to publicly-owned property, it includes police officers and other public employees charged with the responsibility of maintaining or protecting public property.

      [PL 1981, c. 418, §2 (NEW).]

   2. B. "Liquor" means and includes any alcoholic, spirituous vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors, intended for human consumption, which contains more than 1/2 of 1% of alcohol by volume.

      [PL 1981, c. 418, §2 (NEW).]

   3. C. "Open container" means not having a cap, stopper or other cover in place.

      [PL 1981, c. 418, §2 (NEW).]

   4. D. "Public place" means:

      1. (1) A place owned or operated by a governmental entity to which the public at large or a substantial group has access, including but not limited to: (a) Public ways as defined in Title 17‑A, section 505; (b) Schools, government-owned custodial facilities; (c) The lobbies, hallways, lavatories, toilets and basement portions of apartment houses, hotels, public buildings and transportation terminals; and (d) Public beaches; and

         (a) Public ways as defined in Title 17‑A, section 505;

         (b) Schools, government-owned custodial facilities;

         (c) The lobbies, hallways, lavatories, toilets and basement portions of apartment houses, hotels, public buildings and transportation terminals; and

         (d) Public beaches; and

      2. (2) Private ways and parking areas, physically adjacent to public ways and designed primarily for vehicular traffic.

         [PL 1987, c. 59 (AMD).]

   [PL 1987, c. 59 (AMD).]

2. 2. Crime A person is guilty of public drinking if the person drinks liquor in any public place within 200 feet of a notice posted conspicuously in the public place by the owner or authorized person that forbids drinking in the public place or after being forbidden to do so personally by a law enforcement officer, unless the person has been given permission to do so by the owner or authorized person.

   [PL 2001, c. 139, §1 (RPR).]

3. 3. Evidence The possession of an open container of liquor in a public place is prima facie evidence of a violation of this section.

   [PL 1981, c. 418, §2 (NEW).]

4. 4. Violation Violation of this section is a Class E crime.

   [PL 1985, c. 737, Pt. A, §39 (NEW).]

PL 1981, c. 418, §2 (NEW). PL 1985, c. 474 (AMD). PL 1985, c. 737, §A39 (AMD). PL 1987, c. 59 (AMD). PL 1991, c. 157 (AMD). PL 2001, c. 139, §1 (AMD). PL 2021, c. 658, §1 (AMD).