Okla. Stat. tit. 21, § 1220
Transporting Open Containers of Alcoholic Beverages, Low Point Beer, or Marijuana - Exception - Penalty
Effective Apr 7, 2003Laws 1970, SB 117, c. 290, § 1; Amended by Laws 1990, SB 545, c. 209, § 1, emerg. eff. May 14, 1990; Amended by Laws 1995, SB 129, c. 274, § 7, eff. November 1, 1995; Amended by Laws 2003, HB 1105, c. 30, § 1, emerg. eff. April 7, 2003 (superseded document available).
- A. It shall be unlawful for any person to knowingly transport in any moving vehicle upon a public highway, street or alley any intoxicating beverage or low-point beer, as defined by Sections 163.1 and 163.2 of Title 37 of the Oklahoma Statutes, except in the original container which shall not have been opened and from which the original cap or seal shall not have been removed, unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment in a station wagon or panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than Fifty Dollars ($50.00).
- B. The provisions of subsection A of this section shall not apply to the passenger area of buses and limousines; however, it shall be unlawful for the driver of the bus or limousine to consume or have in the driver’s immediate possession any intoxicating beverage or low-point beer.
- C. No city, town, or county may adopt any order, ordinance, rule or regulation concerning the consumption or serving of intoxicating beverages or low-point beer in buses or limousines.
D. As used in this section:
- 1. “Bus” means a vehicle as defined in Section 1-105 of Title 47 of the Oklahoma Statutes chartered for transportation of persons for hire. It shall not mean a school bus, as defined by Section 1-160 of Title 47 of the Oklahoma Statutes, transporting children or a vehicle operated pursuant to a franchise with a city or town operating over a regularly scheduled route; and
- 2. “Limousine” means a chauffeur-driven motor vehicle, other than a bus or taxicab, as defined by Section 1-174 of Title 47 of the Oklahoma Statutes, designed and used for transportation of persons for compensation.
Laws 1970, SB 117, c. 290, § 1; Amended by Laws 1990, SB 545, c. 209, § 1, emerg. eff. May 14, 1990; Amended by Laws 1995, SB 129, c. 274, § 7, eff. November 1, 1995; Amended by Laws 2003, HB 1105, c. 30, § 1, emerg. eff. April 7, 2003 (superseded document available).