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Feb 20, 2003 to Feb 6, 2013

Open Container Law?


I'm just wondering if the open container laws pertaining to alcoholic beverages have changed in the state or if our town is just choosing not to enforce them?

It seems there is a tremendous amount of drinking going on in public places, IE busstop by Gouger's, parking garage area, accross from the co-op, stoups in front of the apartments and businesses on Elliot Street.

Generally it doesn't bother me when people drink in public, I did have an encounter with some drunken and drinking folks by the parking garage the other night that was a bit scary though. I don't feel threatened as I am capable of defending myself, but they were behaving in an aggressive maner toward my female companion and I. It started harmless enough, asking for money, then asking for a cigarette, then comenting on her figure, then yelling at us as we walked away refusing money/cigarette requests.

It seems it would be in the best interest of the town to start cracking down on these people drinking in public.

Thoughts and comments? Have any of you had similar experiences?

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Comments | 7

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What state "open container

What state "open container law" are you referring to?
Other than motor vehicle laws and limits in a bar, I'm unaware we have any.

 
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Open Container

Maybe that's the wrong name for it, but I suppose I was referring to whatever law prohibits the consumption of alcoholic beverages in public places. I was under the impression such a law existed. As oppose to a place like New Orleans where there is no such law as other commenter pointed out.

 
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Drinking in Transportation Center

I recently parked in the transportation center and there was public drinking on nearly each stairwell - from Flat Street up to the roof. This was in the middle of the day. I do not think you can publicly drink alcohol on the streets (not like in New Orleans). It is a bit unnerving to see public drinking in the stairwells...those are especially tight quarters. This seems to be a much more visible issue, and likely connected to "the wall"... something I know was brought up at the selectboard meeting.

 
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Brattleboro's Code says:

"Sec. 1.5-16. Prohibition.
ARTICLE II. REGULATION

a) It shall be unlawful for any person to have actual or constructive possession of any spirituous liquor, alcohol, vinous or malt beverages as defined herein on, under or above the land or premises owned or leased by the Town of Brattleboro School District or the Brattleboro Union High School District No. 6.

b) It shall be unlawful for any person to have constructive or actual possession of any open beverage container containing any quantity of spirituous liquor, alcohol, vinous or malt beverages in any public place or in any motor vehicle located in a public place.

c) It shall be unlawful for any person to consume any quantity of spirituous liquor, alcohol, vinous or malt beverages in any public place or in any motor vehicle located in a public place.

Sec. 1.5-17. Exceptions; permits.
Upon first obtaining a written permit, a group of employees of the Town of Brattleboro who wish to sponsor an event to be held within a building leased or owned by the Town may be exempted from the provisions of section 1.5-16 for a short period of time only, not to exceed six (6) hours, except that no permits shall be issued for school property. Permits may be obtained from the Town Manager."

...

also:

"Public Place is a place to which the general public has a right to resort, including but without limitation thereto all lands and buildings owned by or leased to the Town of Brattleboro School District, or Brattleboro Union High School District No. 6, or their successors, and shall include all public streets, highways, bridges and sidewalks within the town."

 
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Penalty for violation?

"unlawful for any person to have actual or constructive possession of any spirituous liquor, alcohol, vinous or malt beverages as defined herein on, under or above the land or premises owned or leased by the Town"

"Under the land" is a curious phrase.

Usually this kind of document has or includes a penalty section for violation of said law?

 
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Penalty

"Sec. 1.5-3. Penalty.
A person who violates any provision of this chapter shall be fined one hundred dollars ($100.00) and the waiver fee shall be fifty dollars ($50.00). A second offense or any subsequent offense(s) the fine shall be two hundred dollars ($200) and the waiver fee shall be one hundred dollars ($100). (Ord. Of 5-13-75, Art. IV, § 1)"

Re: Under the land
- trolls not allowed to drink?
- no beer for those buried in cemeteries?
- cave bars not allowed?
- no imbibin' while hibernatin'?

 
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Throw the book

So the maximum fee is $200. No wonder it's unenforceable, if were talking about panhandling. How many well dressed people do we see with a beer in a paper bag?

 

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