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Subject:Re: California: Re: Open container (alcohol) law & the Westy????
From:Otmar Ebenhoech
Date:Wed, 4 Nov 1998 18:16:54 -0800

>Storage of Opened Container
>
>23225. It is unlawful for the registered owner of any motor vehicle,
>or the driver if the registered owner is not then present in the vehicle,
>to keep in a motor vehicle, when the vehicle is upon any highway, any
>bottle, can, or other receptacle containing any alcoholic beverage which
>has been opened, or a seal broken, or the contents of which have been
>partially removed, unless the container is kept in the trunk of the
>vehicle, or kept in some other area of the vehicle not normally occupied
>by the driver or passengers, if the vehicle is not equipped with a trunk.
>A utility compartment or glove compartment shall be deemed to be within the
>area occupied by the driver and passengers.
>
>This section shall not apply to the living quarters of a housecar or camper.

Definition:
House Car:
362. A "house car" is a motor vehicle originally designed, or permenantly
altered,and equipped for human habitation, or to which a camper has been
permanently attached...

What's very interesting is that sec 23229 (a) seems to allow drinking in a
housecar by passengers, while riding, just like in a limo.

Possession of Alchoholic beverages: Exemtions
23229. (a) Except as provided in Section 23229.1 (under age 21), Section
23221 (Drinking in a motor vehicle) and 23223 (Possession of a open
container in a motor vehicle) do not apply to passengers of any bus,
taxicab, or limousine for hire licensed to transport passengers pursuant to
to the Public Utilities Code or proper local authority, or the living
quarters of a housecar or camper.

Does anyone know a lawer who can give us a definitive interpertation? I
would sure love to let people drink in the stretch bus while I chauffeur
then around!!  That would be one time where even a sip before driving would
surely get in trouble.

 -Otmar-
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