Request By:
Mr. Eric D. Hall
Assistant County Attorney
Floyd County Courthouse
Prestonsburg, Kentucky 41653
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Suzanne Guss, Assistant Attorney General
This is in response to your request for an opinion of this office as to whether KRS 244.020(1) prohibits the act of drinking alcoholic beverages in a public place in the absence of proof or allegations as to drunken behavior.
KRS 244.020 provides:
Drinking or being under the influence of alcoholic beverages in public place prohibited
(1) No person shall drink any alcoholic beverage in any public place, in or upon any passenger coach, streetcar or other vehicle commonly used for the transportation of passengers, or in or about any depot, platform or waiting room.
(2) No person shall be under the influence of alcoholic beverages on any public or private road, in any passenger coach, streetcar, or other public place or building or at any public gathering.
Thus, the statute prohibits drinking in a public place, subsection (1), and/or intoxication in a public place, subsection (2). Proof of intoxication under subsection (2) is not a condition precedent to a violation of subsection (1). Not is the scope of the violation set forth by the statute limited only to public intoxication. If it were, subsection (1) would be tendered a nullity.
Statutes must be construed literally, if reasonably possible to do so.
Barrett v. Stephany, Ky., 510 S.W.2d 524 (1974). In the instant case, the statute is clear and unambiguous and therefore must be accepted as written.
Griffin v. Bowling Green, Ky., 458 S.W.2d 456 (1970). It is therefore the opinion of this Office that subsection (1) of KRS 244.020 is violated by the act of drinking any alcoholic beverage in a public place, etc., and that proof of intoxication is unnecessary to establish such violation.
We trust this information has satisfactorily answered your inquiry. If we can be of any further assistance, please do not hesitate to contact us.