Talk:Open-container law

Confused from Australia
Drinking in public is illegal in most places in the U.S.A. I'm confused. In Canberra, Australia we have public parks with BBQs (gas fired hot plates) where we can cook sausages, meat, etc. and then have cooked BBQ meal with salads, etc. Friends and family will get together and we will also consume a couple of bottles of wine and some beers. (Anyone driving does not drink.) Also when I go hiking in national parks it is quite enjoyable to share a bottle of wine among my hiking friends when we are camped in the woods. Is it correct that this behavior (the consuming of wine and beer) would be illegal in most public places in the USA? Please let me know. wiki user name johnscotaus.


 * I would say that in my experience, alcohol is generally not allowed in public parks or campsites. Usually there's a sign at the entrance that says "Park Rules" and it clearly says "no alcohol" (and other stuff like "no weapons", etc). Laws vary from state to state, and what may seem like a public park may in fact be private property, which lets them set their own rules.
 * Now, does that mean that no one ever drinks at the park, or when hiking or camping? HAHAHA. Of course not. I would say, again in my experience, it is extremely rare for the police to cite or arrest anyone for drinking in public. It really only happens if someone gets drunk and then gets belligerent towards other people. I would suggest discretion, such as pouring your beverage of choice into an opaque plastic cup, and keeping your park clean, but overall, enforcement of these laws tends to be lax. Simishag (talk) 04:34, 28 August 2014 (UTC)


 * Quick follow-up: as noted below, many parks allow alcohol consumption with an appropriate permit from the state or city. This is pretty common for concerts and sporting events that take place on public parks. However, the permit is usually obtained by the event promoter, who has to provide liability insurance, use licensed bartenders, etc. It's not really something that's practical for individuals to obtain. Simishag (talk) 04:40, 28 August 2014 (UTC)

Untitled
Someone should probably either expand the list of "tolerated" or collapse it, it sort of violates NPOV by *only* referencing Vanderbilt University haha - Zachblume (talk) 03:05, 3 April 2011 (UTC)

So is it illegal to pour an alcoholic drink into a cup and then take it with you in the vehicle?
 * Yes, in many states. - Mgcsinc 00:37, 20 July 2007 (UTC)
 * Everywhere except the seven states now listed in the article. 65.28.9.8 14:14, 13 November 2007 (UTC)
 * Where did that list come from? A Google search of < California alcohol "public consumption" > suggests a crazy-quilt of local ordinances. There is a state law in California regarding open contatiners in operating vehicles and, I believe, a state law prohibiting consumption in the vicinity of an ABC-permitted business. Check out the Background on Alcohol Policy from this Santa Barbara City Council Agenda Report from two years ago: "Alcohol is now prohibited in 26 City parks or facilities, allowed by permit in 12, and unrestricted in 14.". I doubt the City of Santa Barbara is flouting a general state prohibition on the public consumption of alcohol. See also this from the Arcata Municipal code: "It shall be unlawful for any person to consume, drink, or possess an open container of any alcoholic or intoxicating beverage in the following places listed below except at locations as designated by resolution of the City Council.". This (Section 4170) is followed by Section 4171 that explicitly defines the restricted areas--generally places with a high concentration of ABC-permitted business or recreation/wildlife areas. Again, I don't think that the list of seven states is correct. - 75.108.184.208 (talk) 19:08, 6 July 2009 (UTC)
 * Yes, where is the reference showing the specific states that have not fully complied with the federal guidelines? I am looking for information on Tennessee open container specifically as it applies to car passengers.2601:A:6780:A8D:C59B:3350:9217:9968 (talk) 01:17, 30 August 2014 (UTC)

Public space vs. motor vehicle
I feel this article deals too much with motor vehicle laws. Aren't open container laws primarily enforced against those carrying bottles/cans/cups on the streets/sidewalks outside of homes/bars? I realize this is a local issue, but can anyone provide more information on the distinction to flush out the article? Alvis 09:03, 27 September 2007 (UTC)
 * Done and done.65.28.9.8 14:14, 13 November 2007 (UTC)

Clarification
This passage troubles me "spirits that contain one-half of one percent or more of alcohol by volume (including 3.2 percent beer)". Does the editor mean 3.2 proof beer, with 1.0 proof as the limit?Alvis 09:12, 27 September 2007 (UTC)
 * This has been clarified by linking to the article low-point beer.65.28.9.8 14:14, 13 November 2007 (UTC)

What is an open container, and what is "public"?
Is an open container anything that has ever been opened, or only one that is currently open? And is it in public only when clearly visible? In other words, what about a re-corked half-empty bottle of wine inside a backpack, would that be illegal? What about if I'm not in a public space but the container is visible from a public space? -- 212.63.43.180 (talk) 14:23, 29 May 2008 (UTC)
 * That's a good question. And can you legally carry it from the restaurant to your car to put it in the trunk? If it covers corked wine bottles, you might need to drink more to finish the bottle instead of taking the rest of it home for safer consumption. —BarrelProof (talk) 05:08, 5 August 2013 (UTC)
 * I was curious about this too. I suspect I've driven in every state of the lower 48 with a part-consumed bottle of whisky in the boot - does this mean I'm a crim? Mr Larrington (talk) 03:58, 18 October 2014 (UTC)

Missouri
It is illegal to have an open container of an alcoholic beverage in any vehicle, driver or passenger. I don't have a website to document this, but it's routinely brought up on the news when people are stopped for it. I've lived in Missouri all my life, I know what I'm talking about. —Preceding unsigned comment added by 71.28.136.188 (talk) 20:05, 14 September 2008 (UTC)
 * If people are being stopped for that by you in Missouri, the law they're being stopped under is a local law, not a statewide law. Missouri has no statewide open container law at all. The only one that comes close is a statute which prohibits drivers (but not passengers) from consuming (but not possessing) alcohol while driving: Section 577.017, R.S.Mo.. Check out the many citations in the body of Alcohol laws of Missouri, including the Truman State University study of the matter and the US Department of Transportation's declaration that Missouri is not in compliance with TEA-21.  Missouri has no statewide open container laws of any kind. 75.87.72.104 (talk) 00:32, 15 September 2008 (UTC)

Worldwide view?
Open container redirects to this page. Is this type of law specific to the US? If so it would be worth mentioning. --Tripsservecold (talk) 21:33, 13 November 2010 (UTC)


 * Hi Tripsservecold, late answer. Drinking in public has more on this topic. Strangely enough, half of the country sections that currently mention "open containers" only say "it's ok", including Germany where I come from. I've never heard the term before; I wouldn't know a good translation of it and the whole concept seems utterly bizarre and foreign to me (and a tiny bit puritan but that's besides the point). The only countries mentioned are the US, Canada and Australia. So yes, other countries should be mentioned but culturally, it seems very much a US thing. --Mudd1 (talk) 02:44, 2 February 2014 (UTC)

Texas & New Jersey
I removed the claim that all but 7 states have state-wide prohibition of public consumption. Texas and New Jersey do not have state-wide open container/public consumption laws even though they are not listed among the seven states. I'm not sure where the list of seven states came from since there is no citation. — Preceding unsigned comment added by Dwainwr123 (talk • contribs) 20:05, 24 October 2011 (UTC)

Open Container in Vehicle
I've deleted the former last paragraph stating that California and N.Y. permit driver or passenger to drink while a vehicle is in motion, as long as the driver is below the legal blood alcohol limit. The deleted material was unsourced. There would be a good reason for that. For California for sure, it is absolutely wrong. It is illegal in California for driver or passenger even to be in possession of an opened container of alcohol in the passenger compartment (in a locked trunk can be OK). Cal. Vehicle Code Sec. 23223 (a)(driver) & (b) (passenger). The vehicle doesn't have to be in motion to make this illegal either; the prohibition applies whenever the vehicle is on a public highway.

Unsourced, inaccurate legal advice such as the deleted paragraph contained on a topic of such importance to motorists poses a serious risk to the unwary Wikipedia reader. Pechmerle (talk) 01:09, 22 April 2012 (UTC)

Why plastic containers are allowed?
That might sound stupid but what the difference between glass and plastic containers, i.e. why plastic containers might be allowed in the certain area why glass is forbidden? — Preceding unsigned comment added by 89.218.176.115 (talk) 15:32, 5 March 2013 (UTC)


 * Glass is substantially more dangerous, particularly in crowds or in pool/beach areas. It shatters too easily and becomes a hazard. At a pool, clear glass is almost invisible if it falls in the water. Glass bottles are also effective improvised weapons to club, cut or stab, which is a major concern at large events where lots of people are drinking. Simishag (talk) 00:42, 6 March 2013 (UTC)


 * Thanks for the answer. It was very helpful. — Preceding unsigned comment added by 95.59.189.16 (talk) 07:20, 8 March 2013 (UTC)

Empty containers
Does it matter if the container is empty (or essentially empty – containing only an inconsequential amount of remnants of the beverage)? —BarrelProof (talk) 05:03, 5 August 2013 (UTC)


 * It varies from state to state, but I would note that "essentially empty" is far from "empty". A beer can from a month ago (or even a day in hot climates) would be as dry as a bone, so the presence of any amount of liquid would suggest fairly recent consumption. But I'm not sure whether that directly implies an open container violation. Simishag (talk) 21:13, 8 August 2013 (UTC)

invalid references used
Since the strip is not in the City of Las Vegas, city laws do not apply. The Strip is in Las Vegas Township in the towns of Winchester and Paradise and Clark County, Nevada and the county laws are enforced on the strip. So the references are of no value. 12.10.166.194 (talk) 03:11, 17 September 2013 (UTC)

Virginia classified as No Open Container Law, in the image.
The image on this page denotes VA as having no open container laws. This is not quite true.

This Virginia Statute stipulates that a violation happens when: i) There is a bottle of alcohol (ABV > 0.5%) in the care ii) The contents of the bottle or container is partially removed iii) The driver appears, speaks, or acts impaired

Virginia classified as No Open Container Law, in the image.
The image on this page denotes VA as having no open container laws. This is not quite true.

This Virginia Statute stipulates that a violation happens when: i) There is a bottle of alcohol (ABV > 0.5%) in the care ii) The contents of the bottle or container is partially removed iii) The driver appears, speaks, or acts impaired — Preceding unsigned comment added by 76.182.46.139 (talk) 04:18, 29 April 2014 (UTC)

Inconsistency about Wyoming
The text says that Wyoming's vehicular laws are not up to the TEA-21 federal standard, but the map shows them in conformance. Which is it? — Preceding unsigned comment added by 130.126.255.186 (talk) 21:58, 28 July 2014 (UTC)

'Places where legal' section
Is the "Places where legal" section intended to be comprehensive, and is this something that Wikipedia can maintain as up-to-date for all time? It's interesting to have examples, but I'm worried the reader may think the list is definitive, when it may not be. - AppleBsTime (talk) 14:12, 23 August 2015 (UTC)


 * It's not intended to be comprehensive. I doubt it's possible to make such a list, and it would probably be way too long. It is (mostly) sourced so it could be kept up to date. I would prefer to see the list constrained to areas of major tourist interest (Las Vegas, New Orleans) and areas where open containers are specifically permitted by law (Beale Street, Savannah, Kansas City) as those are much less likely to change, and any change would be major news. Places which simply have no law on the books at present are more likely to change the law quietly. Simishag (talk) 20:35, 24 August 2015 (UTC)