The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

alcoholic beverage means any beverage containing more than one percent of alcohol by weight. Proof that a beverage in question was contained in an opened bottle or can, labeled as beer, ale, malt liquor, malt beverage, wine, wine cooler or other similar name and which bears the manufacturer's insignia, name or trademark, shall be prima facie evidence that such beverage is an alcoholic beverage.

highway means any public street, avenue, boulevard, roadway, alley, sidewalk, parking lot or other right-of-way or any area upon which the public has a right to travel, whether public or private, located within the incorporated area of the city.

Open container means any bottle, can or other receptacle or container containing any alcoholic beverage or any mixture containing an alcoholic beverage which has been opened or a seal broken or the contents of which have been partially removed.

Possession means an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk or other locked nonpassenger area of the vehicle. An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger. An open container shall not be considered in the possession of a person if the open container is located in the refrigerator or other storage area of a motor home or recreational vehicle which is in excess of 21 feet in length.

Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.