§ 24-12-6-13.14. Consumption or possession of alcoholic beverages in open containers in a motor vehicle prohibited—Exceptions.

A.

No person shall knowingly drink any alcoholic beverage while in a motor vehicle upon any street within this municipality.

B.

No person shall have in his possession on his person, while in a motor vehicle upon any street within this municipality, any bottle, can or other receptacle containing any alcoholic beverage which has been opened or had its seal broken or the contents of which have been partially removed.

C.

It is unlawful for the registered owner of any motor vehicle, to knowingly keep or allow to be kept in a motor vehicle, when the vehicle is upon any street within this municipality, any bottle, can or other receptacle containing any alcoholic beverage which has been opened or had its seal broken or the contents of which have been partially removed, unless the container is kept in:

(1)

the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk;

(2)

the living quarters of a motor home or recreational vehicle;

(3)

a truck camper;

(4)

the bed of a pick-up truck when the bed is occupied by passengers.

A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This section does not apply to the driver or owner of or any passenger in a bus, taxicab or limousine for hire licensed to transport passengers pursuant to the Motor Carrier Act or proper legal authority.

D.

The provisions of this section do not apply to:

(1)

any person who, upon the recommendation of a doctor, carries alcoholic beverages in that persons motor vehicle for medicinal purposes;

(2)

any clergyman or his agent who carries alcoholic beverages for religious purposes in the clergyman's or his agent's motor vehicle; or

(3)

any person who is employed by a person licensed by the Alcoholic Beverage Control Act, while discharging his duties as an employee

E.

Penalties.

(1)

Whoever is guilty of a second or subsequent violation of any provision of this ordinance shall be sentenced pursuant to this code.

(2)

In addition to any other penalty or disposition ordered pursuant to law, upon conviction for a second or subsequent violation of the provisions of Section 12-6-13.14, the convicted person shall have his driver's license revoked for a period of three months upon a second violation and for one year upon a third or subsequent violation.

F.

"Alcoholic Beverages" Defined. As used in this ordinance "alcoholic beverages" means distilled or rectified spirits, potable alcohol, brandy, whisky, rum, gin, aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including all blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent alcohol but excluding medicinal bitters.

(Ord. No. 1567 , 5-29-18)

State law reference

66-1-4.1, 66-8-138 and 66-8-139 NMSA 1978.