(a) Except as provided in subsections (b) and (c) of this section, no person in the District shall drink an alcoholic beverage or possess in an open container an alcoholic beverage in or upon any of the following places:
(1) A street, alley, park, sidewalk, or parking area;
(2) A vehicle in or upon any street, alley, park, or parking area;
(3) A premises not licensed under this title where food or nonalcoholic beverages are sold or entertainment is provided for compensation;
(4) Any place to which the public is invited and for which a license to sell alcoholic beverages has not been issued under this title;
(5) Any place to which the public is invited for which a license to sell alcoholic beverages has been issued under this title at a time when the sale of alcoholic beverages on the premises is prohibited by this title or by the regulations promulgated under this title; or
(6) Any place licensed under a club license at a time when the consumption of the alcoholic beverages on the premises is prohibited by this title or by regulations promulgated under this title.
(b) Subsection (a)(1) of this section shall not apply if drinking or possession of an alcoholic beverage occurs:
(1) In or on a structure which projects upon the parking, and which is an integral, structural part, of a private residence, such as a front porch, terrace, bay window, or vault; and
(2) By, or with the permission of, the owner or resident.
(c) No person, whether in or on public or private property, shall be intoxicated and endanger the safety of himself, herself, or any other person or property.
(d) Any person violating the provisions of subsection (a) or (c) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $500, or imprisoned for not more than 90 days, or both.
(e) Any person in the District who is intoxicated in public and who is not conducting himself or herself in such manner as to endanger the safety of himself, herself, or of any other person or of property shall be treated in accordance with Chapter 6 of Title 24.
CREDIT(S)
(Jan. 24, 1934, 48 Stat. 333, ch. 4, § 28; Aug. 27, 1935, 49 Stat. 901, 902, ch. 756, §§ 13, 14; June 29, 1953, 67 Stat. 104, ch. 159, § 404(h); Aug. 3, 1968, 82 Stat. 618, Pub. L. 90-452, § 2(a); Sept. 29, 1982, D.C. Law 4-157, § 13, 29 DCR 3617; Dec. 3, 1985, D.C. Law 6-64, § 2, 32 DCR 5970; Mar. 26, 1999, D.C. Law 12-206, § 2(b), 45 DCR 8430; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-128.
Prior Codifications
1981 Ed., § 25-128.
1973 Ed., § 25-128.
Temporary Amendments of Section
Section 2(c) of D.C. Law 12-48, in (a), designated the existing text as (1) and added a new (2) to read as follows:
“(2) No person shall bring, or have in his or her possession, anywhere on the premises of the DC Arena, including space referred to in § 25-111(a) (7) (G-1), any container used to hold or store beverages or liquids of any kind, including, but not limited to, bottles and cans. This section shall not apply to a person duly authorized or licensed by the Board to possess, sell, give away, transport, or store alcoholic beverages or containers on the premises of the DC Arena, or to any employee or agency acting for any such duly authorized or licensed person, or to any container provided on the premises of the DC Arena by the lessee or its concessionaires and tenants.”
Section 5(b) of D.C. Law 12-48 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 2(c) of the Alcoholic Beverage Control DC Arena Emergency Amendment Act of 1997 (D.C. Act 12-121, August 1, 1997, 44 DCR 4645), § 2(c) of the Alcoholic Beverage Control DC Arena Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-174, October 30, 1997, 44 DCR 6915), and § 2(c) of the Alcoholic Beverage Control DC Arena Congressional Recess Emergency Amendment Act of 1998 (D.C. Act 12-290, February 27, 1998, 45 DCR 1749).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For legislative history of D.C. Law 4-157, see Historical and Statutory Notes following § 25-101.
Law 6-64, the “Ban on Possession of Open Alcoholic Beverage Containers Act of 1985,” was introduced in Council and assigned Bill No. 6-185, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on September 10, 1985, and September 24, 1985, respectively. Signed by the Mayor on October 9, 1985, it was assigned Act No. 6-87 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 12-48, see Historical and Statutory Notes following § 25-101.
For legislative history of D.C. Law 12-206, see Historical and Statutory Notes following § 25-101.
