169A.35 Open bottle law. 

    Subdivision 1.    Definitions.  As used in this section: 

    (1) "motor vehicle" does not include motorboats in 
 operation or off-road recreational vehicles; and 

    (2) "possession" means either that the person had actual 
 possession of the bottle or receptacle or that the person 
 consciously exercised dominion and control over the bottle or 
 receptacle. 

    Subd. 2.    Drinking and consumption; crime described.  
 It is a crime for a person to drink or consume an alcoholic 
 beverage, distilled spirit, or 3.2 percent malt liquor in a 
 motor vehicle when the vehicle is upon a street or highway. 

    Subd. 3.    Possession; crime described.  It is a crime 
 for a person to have in possession, while in a private motor 
 vehicle upon a street or highway, any bottle or receptacle 
 containing an alcoholic beverage, distilled spirit, or 3.2 
 percent malt liquor that has been opened, or the seal broken, or 
 the contents of which have been partially removed. 

    Subd. 4.    Liability of nonpresent owner; crime 
 described.  It is a crime for the owner of any private motor 
 vehicle or the driver, if the owner is not present in the motor 
 vehicle, to keep or allow to be kept in a motor vehicle when the 
 vehicle is upon a street or highway any bottle or receptacle 
 containing an alcoholic beverage, distilled spirit, or 3.2 
 percent malt liquor that has been opened, or the seal broken, or 
 the contents of which have been partially removed. 

    Subd. 5.    Criminal penalty.  A person who violates 
 subdivisions 2 to 4 is guilty of a misdemeanor. 

    Subd. 6.    Exceptions.  (a) This section does not 
 prohibit the possession or consumption of alcoholic beverages by 
 passengers in: 

    (1) a bus that is operated by a motor carrier of 
 passengers, as defined in section 221.011, subdivision 48; or 

    (2) a vehicle providing limousine service as defined in 
 section 221.84, subdivision 1. 

    (b) Subdivisions 3 and 4 do not apply to a bottle or 
 receptacle that is in the trunk of the vehicle if it is equipped 
 with a trunk, or that is in another area of the vehicle not 
 normally occupied by the driver and passengers if the vehicle is 
 not equipped with a trunk.  However, a utility compartment or 
 glove compartment is deemed to be within the area occupied by 
 the driver and passengers. 

    HIST: 2000 c 426 s 22-24; 2000 c 478 art 1 s 19; art 2 s 7