Bozeman, MT Public Conduct: Public Alcohol Use (2026)

Article 4 of Chapter 4, the Alcohol Policy, came from Ordinance No. 1616, adopted by the Bozeman City Commission on July 12, 2004. Section 4.04.020 supplies the definitions that decide where the ban reaches. Public places means all streets, avenues, alleys and parks in the city, all municipal and public buildings, and places to which the public or a substantial group has access, but not premises licensed for retail alcohol sales by the state department of revenue or the city. A private residence and its contiguous front or rear yard, and a private hotel or motel room, are not public places while possession and consumption comply with the Montana Alcoholic Beverage Code and this article. Common hallways of a building or apartment complex and city rights-of-way, including sidewalks and streets, are public places.

Public drinking covers consuming, or possessing for the purpose of consuming, an open alcoholic beverage in a public place. Public display or exhibition covers carrying open cans or bottles, or glasses and cups, even if empty. It excludes carrying purchases from retail establishments in sacks, cases, boxes or cartons with unbroken seals, and carrying an empty container solely to dispose of it in a proper waste receptacle. An alcoholic beverage is a drink containing more than 0.5 percent alcohol by volume.

Section 4.04.040 exempts a governmental agency for authorized activities on its own premises. Section 4.04.050 creates waivers. The director of parks and recreation can waive the ban for picnics, parties, reunions and similar gatherings in public parks when the number of adults does not exceed 75. The city manager handles larger groups and places other than parks. A city manager waiver application is filed at least 14 days, and not more than 180 days, before the event, with proof of insurance and a safety plan reviewed by the chief of police, and it must arrange responsible beverage service for any group of 50 or more adults. An application not acted on within ten calendar days is deemed denied, and a city manager denial can be appealed to the city commission within seven calendar days. Section 4.04.060 lets the city manager revoke a waiver instantly for a violation or a public emergency.