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Section 2112-A. Open container; drinking in a vehicle prohibited

§ 2112-A.  Open container; drinking in a vehicle prohibited

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

A. “Alcohol” means spirituous, vinous, fermented or other alcoholic
beverage, or combination of liquors and mixed liquors, intended for
human consumption that contains more than 1/2 of 1% of alcohol by
volume.

B. “Open alcoholic beverage container” means a bottle, can or other
receptacle that contains any amount of alcohol, and that is open or
has a broken seal, or the contents of which are partially removed.

C. “Passenger area” means the area designed to seat the operator and
passengers while a motor vehicle is in operation and any area readily
accessible to the operator or a passenger, including the glove
compartment, while in their seating positions.

D. “Public way” means a way, including a right-of-way, owned and
maintained by the State, a county or a municipality over which the
general public has a right to pass.

2. VIOLATION. The operator of a vehicle on a public way is in violation of this section if the operator or a passenger in the passenger area of the vehicle:

A. Consumes alcohol; or

B. Possesses an open alcoholic beverage container.

3. EXCEPTIONS. An operator of a vehicle is not in violation of this section if:

A. The operator or a passenger possesses an open alcoholic beverage
container in a vehicle not equipped with a trunk if the open
alcoholic beverage container is located behind the last upright seat
of the vehicle or in an area not normally occupied by the operator or
passenger;

B. A passenger transported for a fee consumes alcohol or possesses an
open alcoholic beverage container in a vehicle designed for the
for-hire transportation of passengers other than a taxicab;

C. A passenger possesses an open alcoholic beverage container or a
passenger consumes alcohol in the living quarters of a motor home,
trailer, semitrailer or truck camper; or

D. The operator or the operator’s employer holds a valid off-premise
catering license issued under Title 28-A, section 1052 and the
alcohol is being transported either to or from a catered event.


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