# Public consumption of alcohol



## pope (Jul 22, 2018)

I am not asking for legal advice but I would like to know the law in regard to public consumption of a beer.
It is my understanding that people can be arrested for such a violation but what i can not find is a state law only local ordinances.
Is it a felony or misdemeanor to consumer alcohol or is it a violation of a local ordinance? 
also do people go to prison for it?


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## Local155NEPBA (Jul 20, 2018)

*Wine can be legally consumed in public, but only if the pope makes it from a municipal tap water source.*


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## k12kop (May 24, 2005)

Both, Refer to MGL 272 s59 Arrestable Misdemeanor.


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## pope (Jul 22, 2018)

"Section 59. Whoever remains in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, whoever is in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, the substance of which is the drinking or possession of alcoholic beverage, and whoever in a street or other public place accosts or addresses another person with profane or obscene language, in wilful violation of an ordinance or by-law of such town, may be arrested without a warrant by an officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court having jurisdiction of the offence."

I was unaware that an ordinance violation=a Misdemeanor I have not seen any "criminal "sentencing laws for such an offense .
a Lawyer said the following 
There is no Massachusetts statute prohibiting the consumption of alcohol in public. 
However various cities and towns have their own local/municipal laws against it. You cannot have an open container within a motor vehicle, since that impacts on and relates to a possible OUI offense. If you are underage (21) then you can be charged with minor in possession.The police often get around the lack of an arrest law by charging other offenses, such as: Disorderly Conduct, or Trespass. Local regulations are usually not jailable, and only a fine is authorized."

I do understand not all lawyers fully understand laws. I do know you can be arrested for such violation but did not understand what type of "crime it would fall under as i have not even read any guilty verdict in massachusetts case history


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## Edmizer1 (Aug 27, 2006)

Town by-law, City ordinance, or specific park rule prohibiting drinking in public will trigger right of arrest under MGL 272 s59 but its charged under the by-law, ordinance or rule/regulation.


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## Bloodhound (May 20, 2010)

pope said:


> also do people go to prison for it?


This is Massachusetts. We have murderers walking the streets. So, no.


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## Edmizer1 (Aug 27, 2006)

Ma


pope said:


> "Section 59. Whoever remains in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, whoever is in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, the substance of which is the drinking or possession of alcoholic beverage, and whoever in a street or other public place accosts or addresses another person with profane or obscene language, in wilful violation of an ordinance or by-law of such town, may be arrested without a warrant by an officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court having jurisdiction of the offence."
> 
> I was unaware that an ordinance violation=a Misdemeanor I have not seen any "criminal "sentencing laws for such an offense .
> a Lawyer said the following
> ...


The max penalty for a local regulation is a $300 fine with a few exceptions. It can be charged as a civil violation or criminal but the penalty is the same. MGL 272 just refers to arrestablity if a local regulations exists. It has nothing to do with a penalty. If you charge criminally, charge the particular local regulation in place which may look something like "Boston - ORD# 123 Public Consumption of Alcohol". Many towns have their regulations copied into the local district court codes but you will also see it on BOPs as Court Code 55555 - Misc Ordinance or By-law.


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