§ 521.06. Intoxication or drinking in public places; illegal possession.

(a)

No person shall:

(1)

Appear in a public place in an intoxicated condition;

(2)

Drink alcoholic liquor or have an open container of alcoholic liquor in or on any public sidewalk, walkway, entranceway, street, lane or other public place;

(3)

Drink alcoholic liquor in a motor vehicle on any highway, street, alley or in a public garage. No person shall possess an open container of alcoholic liquor in a motor vehicle except in a place which can be reached only by leaving the vehicle;

(4)

Tender a drink of alcoholic liquor to another person in a public place;

(5)

Possess alcoholic liquor in the amount in excess of ten gallons, in containers not bearing stamps or seals of the West Virginia Alcohol Beverage Control Commissioner, without having first obtained written authority from the Commissioner therefor;

(6)

Possess any alcoholic liquor which was manufactured or acquired in violation of the provisions of W. Va. Code, ch. 60.

(b)

Whoever violates subsection (a)(5) or (6) of this section is guilty of a misdemeanor for a first offense and upon conviction shall be fined not less than $5.00 nor more than $100.00. (W. Va. Code, § 60-6-9)

(Code 1991, § 521.06; Ord. of 2-1-2016(3))