§ 342.050. Open Containers of Intoxicating Liquor — Prohibited — When.

A. 

No driver or passenger in a motor vehicle shall transport, possess or have within the passenger area of said motor vehicle while on City highways, streets, alleys or other public property in the City any intoxicating liquor or malt liquor unless such intoxicating liquor or malt liquor shall be in the original, unopened container with the seal unbroken. The "passenger area" of a motor vehicle shall not include any area of the motor vehicle which is inaccessible to the driver or any other person in such vehicle while it is in motion. In the case of a pickup truck, station wagon, hatchback vehicle or other similar vehicle, the area behind the last upright seat shall not be considered accessible to the driver or any other person, provided that no person is occupying, sitting or standing in that area of the vehicle. In the case of a recreational motor vehicle, the living quarters shall not be considered accessible to the driver or any other person. This Subsection shall apply to any driver or passenger in a motor vehicle while on the above stated public property in the City whether the motor vehicle is parked, stopped or in motion. Provided however, this Subsection shall not apply to any passenger in a chartered bus where the driver of said bus is never in the possession of and has no ready access to intoxicating liquor or malt liquor.

B. 

No driver or passenger shall consume intoxicating liquor or malt liquor while in a moving motor vehicle within the City. Provided however, this Subsection shall not apply to any passenger in a chartered bus where the driver of said bus is never in possession of and has no ready access to intoxicating liquor or malt liquor. This Subsection also shall not apply to any passenger in the living quarters of a recreational motor vehicle.

R.O. 2012 §342.040