1336                             LAWS OF MARYLAND                         CH. 666

of another person or property and no person in the State of Maryland
shall BE INTOXICATED OR drink any alcoholic beverage IN
A PUBLIC PLACE OR IN OR UPON ANY PUBLIC CON-
VEYANCE and cause a public disturbance, . or act in a dis-
orderly manner to the disturbance of the public peace, upon

any public street, [or] highway, ally, park or parking lot, or

in any vehicle that is in or upon any street, highway, alley, park or

parking lot, in any city, town or county in this State, or at any place
of public worship or public resort or amusement in any city, town or
county of this State, or in any store during business hours, or in any
elevator, lobby or corridor of any office building or apartment house
having more than three separate dwelling units in any city, town or

county of this State, and any person who drinks, or has in his pos-

session, any intoxicating beverages while in attendance as a spec-

tator or otherwise, at any place where an elementary school, junior
high school or high school athletic contest is taking place; provided,

that any such person shall first be requested by the law enforcement

no such person shall be charged with a violation of this section if he
promptly discontinues such drinking and public disturbance upon
the first such request.

  Any person violating the prohibitions of this section shall be

deemed guilty of a misdemeanor; and upon conviction thereof, shall

be subject to a fine of not more than fifty dollars, or be confined in
jail for a period of not more than sixty days or be both fined and

imprisoned in the discretion of the court. [Habitual offenders may
be fined not more than one hundred dollars or committed to jail or
the Maryland House of Correction for not more than six months.
An habitual offender is a person who shall have been convicted
under the provisions of this Section five (5) times in the preceding
twelve (12) months. The trial magistrates of the respective coun-
ties of this State shall have concurrent jurisdiction over such offense
with the circuit court for their respective counties.]

A person who shall have been convicted or have forfeited col-

lateral under the provisions of this section three (3) times in the

preceding twelve (12) months shall be deemed a habitual offender

and may be committed by the court to an appropriate treatment
facility. The trial magistrates and the Judges of the People's Courts

of the respective counties of this State shall have concurrent juris-

counties. Any member of a city, town, or county or State police force

may, in lieu of making an arrest for violation of the section herein,

take or send an intoxicated person to his home or to a public or

private health facility; provided, that the law enforcement officer

may take reasonable measures to ascertain the public transportation
need for such purposes is paid for by such person in advance.

(B) NO PERSON SHALL DRINK OR HAVE IN HIS POSSES-
SION, ANY INTOXICATING BEVERAGES WHILE IN ATTEND-
ANCE AS A SPECTATOR OR OTHERWISE, AT ANY PLACE
WHERE ANY ELEMENTARY SCHOOL, JUNIOR HIGH SCHOOL
OR HIGH SCHOOL ATHLETIC CONTEST IS TAKING PLACE
AND CAUSE A PUBLIC DISTURBANCE; PROVIDED THAT
ANY SUCH PERSON UNDER (A) OR (B) HEREOF SHALL
FIRST BE REQUESTED BY THE LAW ENFORCEMENT OFFI-
CER TO DISCONTINUE HIS DRINKING AND PUBLIC DIS-