§ 4-61. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverage means beer, distilled spirits and wine containing one-half of one percent or more of alcohol by volume. Beer includes, but is not limited to: ale, lager, porter, stout, sake and other similar fermented beverages brewed or produced from malt, wholly or in part, or from any substitute therefor. Distilled spirits include alcohol, ethanol or spirits or wine in any form, including all dilutions and mixtures thereof from whatever process produced.

Public possession means the possession of any alcoholic beverage for any reason, including consumption, on any street or highway or in any public place or any place open to the public, including a club which is de facto open to the public. The term "public possession" does not include the following:

(1)

The possession or consumption of any alcoholic beverage:

a.

For an established religious purpose.

b.

When a person under 21 years of age is accompanied by a parent, spouse or legal guardian 21 years of age of older.

c.

For medical purposes when purchased as an over the counter medication, or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital or medical institution.

d.

In private residences.

(2)

The sale, handling, transport or service in dispensing of any alcoholic beverage pursuant to lawful ownership of an establishment or to lawful employment of a person under 21 years of age by a duly licensed manufacturer, wholesaler or retailer of beverage alcohol.

Purchase means acquisition by the payment of money or other consideration. Purchase does not include such acquisition for medical purposes either when purchased as over the counter medication or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital or medical institution.

(Code 1966, § 9-49(C)—(E))

State law reference

Similar provisions, R.S. 14:93.10.

Cross reference

Definitions generally, § 1-2.