Subd. 1. Definitions.

As used in this section:

1. (1) "motor vehicle" does not include motorboats in operation or off-road recreational vehicles; and
2. (2) "possession" means either that the person had actual possession of the bottle or receptacle or that the person consciously exercised dominion and control over the bottle or receptacle.

Subd. 2. Drinking and consumption; crime described.

It is a crime for a person to drink or consume an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor in a motor vehicle when the vehicle is upon a street or highway.

Subd. 3. Possession; crime described.

It is a crime for a person to have in possession, while in a private motor vehicle upon a street or highway, any bottle or receptacle containing an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that has been opened, or the seal broken, or the contents of which have been partially removed.

Subd. 4. Liability of nonpresent owner; crime described.

It is a crime for the owner of any private motor vehicle or the driver, if the owner is not present in the motor vehicle, to keep or allow to be kept in a motor vehicle when the vehicle is upon a street or highway any bottle or receptacle containing an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that has been opened, or the seal broken, or the contents of which have been partially removed.

Subd. 5. Criminal penalty.

A person who violates subdivisions 2 to 4 is guilty of a misdemeanor.

Subd. 6. Exceptions.

1. (a) This section does not prohibit the possession or consumption of alcoholic beverages by passengers in:

   1. (1) a bus that is operated by a motor carrier of passengers, as defined in section 221.011, subdivision 48; or
   2. (2) a vehicle providing limousine service as defined in section 221.84, subdivision 1.
2. (b) Subdivisions 3 and 4 do not apply to a bottle or receptacle that is in the trunk of the vehicle if it is equipped with a trunk, or that is in another area of the vehicle not normally occupied by the driver and passengers if the vehicle is not equipped with a trunk. However, a utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers.