NOLAN, J.
The defendant was charged with violating c. 14, § 14-29, of the Fitchburg General Ordinances, making it a criminal offense either to drink any alcoholic beverage or to possess "an opened container full or partially full of any alcoholic beverages, while on, in, or upon any public way, upon any way to which the public has right of access, in any place in which members of the public have access as invitees or licensees."
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