[Code of Federal Regulations]

[Title 36, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR2.35]



[Page 27-28]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

 

PART 2_RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents

 

Sec. 2.35  Alcoholic beverages and controlled substances.



    (a) Alcoholic beverages. (1) The use and possession of alcoholic 

beverages within park areas is allowed in accordance with the provisions 

of this section.

    (2) The following are prohibited:

    (i) The sale or gift of an alcoholic beverage to a person under 21 

years of age, except where allowed by State law. In a State where a 

lower minimum age is established, that age limit will apply for purposes 

of this subparagraph.

    (ii) The possession of an alcoholic beverage by a person under 21 

years of age, except where allowed by State law. In a State where a 

lower minimum age is established, that age will apply for purposes of 

this subparagraph.

    (3)(i) The superintendent may close all or a portion of a public use 

area or public facility within a park area to the consumption of 

alcoholic beverages and/or to the possession of a bottle, can or other 

receptacle containing an alcoholic beverage that is open, or that has 

been opened, or whose seal is broken or the contents of which have been 

partially removed. Provided however, that such a closure may only be 

implemented following a determination made by the superintendent that:

    (A) The consumption of an alcoholic beverage or the possession of an 

open container of an alcoholic beverage would be inappropriate 

considering other uses of the location and the purpose for which it is 

maintained or established; or

    (B) Incidents of aberrant behavior related to the consumption of 

alcoholic beverages are of such magnitude that the diligent application 

of the authorities in this section and Sec. Sec. 1.5 and 2.34 of this 

chapter, over a reasonable time period, does not alleviate the problem.

    (ii) A closure imposed by the superintendent does not apply to an 

open container of an alcoholic beverage that is stored in compliance 

with the provisions of Sec. 4.14 of this chapter.

    (iii) Violating a closure imposed pursuant to this section is 

prohibited.



[[Page 28]]



    (b) Controlled substances. The following are prohibited:

    (1) The delivery of a controlled substance, except when distribution 

is made by a practitioner in accordance with applicable law. For the 

purposes of this paragraph, delivery means the actual, attempted or 

constructive transfer of a controlled substance whether or not there 

exists an agency relationship.

    (2) The possession of a controlled substance, unless such substance 

was obtained by the possessor directly, or pursuant to a valid 

prescription or order, from a practitioner acting in the course of 

professional practice or otherwise allowed by Federal or State law.

    (c) Presence in a park area when under the influence of alcohol or a 

controlled substance to a degree that may endanger oneself or another 

person, or damage property or park resources, is prohibited.



[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]