A. It is unlawful for any person to consume spirituous liquor from a broken package in a public place, thoroughfare or gathering. This subsection shall not apply to the sale of spirituous liquors on the premises of and by any on sale retail liquor licensee.

B. For purposes of this section, “spirituous liquor” includes alcohol, brandy, whiskey, vodka, rum, tequila, mescal, gin, wine, porter, ale, beer, and malt liquor, malt beverage, absinthe or compound or mixture of any of them, or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, and any liquified mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent (0.05%) of alcohol by volume.

C. For purposes of this section, “broken package” means any container of spirituous liquor on which the United States tax seal has been broken or removed, or from which the cap, cork or seal placed thereupon by the manufacturer has been removed.

D. For purposes of this section, “premises” shall mean the area from which a liquor licensee is authorized to sell, dispense or serve spirituous liquors under the provision of the liquor license. [Prior code § 10-1-8.]