How to Avoid Open Container Law Violations
Keep bottles and cans sealed., Drink from unmarked containers., Stay within established boundaries., Don't engage in dangerous or disruptive behavior., Learn local rules.
Step-by-Step Guide
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Step 1: Keep bottles and cans sealed.
In places where open consumption of alcohol is not permitted, containers of alcohol should be kept sealed.
If previously opened, the top should be replaced and sealed.In some states, you are allowed to take home an unfinished bottle of wine or liquor that you purchased at a restaurant or bar.
The establishment will re-cork and seal the bottle before you leave.
The seal that covers the bottle typically changes color or otherwise indicates if the seal has been removed or tampered with.
If you're taking a bottle home from someone else's house, make sure it's sealed tightly and put the bottle itself inside a bag – don't just carry the bottle down the street. -
Step 2: Drink from unmarked containers.
Some cities allow people to drink alcoholic beverages in public, but your drink must be in a plain plastic cup.
You also may be able to drink beer out of a can, but glass bottles are prohibited for safety reasons.You typically can figure out what types of containers are allowed by observing people around you.
For example, if you see people in the streets all drinking out of red plastic cups, you can deduce that you need a red plastic cup to drink alcohol.
If you're on a beach or in a park, keep in mind that glass bottles of any sort typically aren't permitted.
This has nothing to do with alcohol specifically, but is designed to avoid broken glass that could injure people and wildlife.
If you're unsure about the open container laws in a particular location, the safest way to avoid an open container citation is to not drink alcoholic beverages.
However, if for some reason you do have an alcoholic beverage, drinking it from an unmarked cup or bottle can avoid unnecessary attention to whatever you're drinking. , Drinking may be permitted only in specific zones, but prohibited elsewhere.
Typically there will be signs or visible barriers that mark specifically where you can carry an open container of alcohol in public.For example, the city may not permit people to drink on public sidewalks.
However, you may be allowed to drink alcoholic beverages if you are a patron of a sidewalk café or bar – provided you stay within the established boundaries for the establishment's sidewalk seating area.
Another situation in which this restriction may occur is if you're attending a block party or street festival.
Drinking may be allowed on the street in the areas blocked off for the party or festival, but you risk an open container citation if you take your drink and walk to another section of town. , Regardless of whether open containers are permitted where you are, other state and local laws are still enforced.
If you and your friends are acting disorderly, that's a sure way to draw attention to yourselves and risk open container or other citations.This is particularly important if you're in an area where you're unsure about the public consumption laws.
If you're walking down the sidewalk in an orderly fashion, obeying all laws, you're unlikely to get stopped for drinking from a plain cup or water bottle.
Keep in mind that in areas where open consumption of alcohol is permitted, police officers may be more strict about enforcing other laws designed to ensure public health and safety. , Open container laws vary widely among states, as well as within individual cities.
If you're in an unfamiliar area and want to avoid open container law violations, ask someone what the rules are there.The easiest thing to do is find a uniformed police officer and ask them.
However, if you're nervous or intimidated about speaking to police officers, you can ask someone else in a position of authority.
For example, if you're on a beach, ask a lifeguard.
They typically know the public consumption rules for the beach where they work.
You also can ask vendors, people who work in restaurants, or clerks in stores that sell beer or other alcoholic beverages. -
Step 3: Stay within established boundaries.
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Step 4: Don't engage in dangerous or disruptive behavior.
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Step 5: Learn local rules.
Detailed Guide
In places where open consumption of alcohol is not permitted, containers of alcohol should be kept sealed.
If previously opened, the top should be replaced and sealed.In some states, you are allowed to take home an unfinished bottle of wine or liquor that you purchased at a restaurant or bar.
The establishment will re-cork and seal the bottle before you leave.
The seal that covers the bottle typically changes color or otherwise indicates if the seal has been removed or tampered with.
If you're taking a bottle home from someone else's house, make sure it's sealed tightly and put the bottle itself inside a bag – don't just carry the bottle down the street.
Some cities allow people to drink alcoholic beverages in public, but your drink must be in a plain plastic cup.
You also may be able to drink beer out of a can, but glass bottles are prohibited for safety reasons.You typically can figure out what types of containers are allowed by observing people around you.
For example, if you see people in the streets all drinking out of red plastic cups, you can deduce that you need a red plastic cup to drink alcohol.
If you're on a beach or in a park, keep in mind that glass bottles of any sort typically aren't permitted.
This has nothing to do with alcohol specifically, but is designed to avoid broken glass that could injure people and wildlife.
If you're unsure about the open container laws in a particular location, the safest way to avoid an open container citation is to not drink alcoholic beverages.
However, if for some reason you do have an alcoholic beverage, drinking it from an unmarked cup or bottle can avoid unnecessary attention to whatever you're drinking. , Drinking may be permitted only in specific zones, but prohibited elsewhere.
Typically there will be signs or visible barriers that mark specifically where you can carry an open container of alcohol in public.For example, the city may not permit people to drink on public sidewalks.
However, you may be allowed to drink alcoholic beverages if you are a patron of a sidewalk café or bar – provided you stay within the established boundaries for the establishment's sidewalk seating area.
Another situation in which this restriction may occur is if you're attending a block party or street festival.
Drinking may be allowed on the street in the areas blocked off for the party or festival, but you risk an open container citation if you take your drink and walk to another section of town. , Regardless of whether open containers are permitted where you are, other state and local laws are still enforced.
If you and your friends are acting disorderly, that's a sure way to draw attention to yourselves and risk open container or other citations.This is particularly important if you're in an area where you're unsure about the public consumption laws.
If you're walking down the sidewalk in an orderly fashion, obeying all laws, you're unlikely to get stopped for drinking from a plain cup or water bottle.
Keep in mind that in areas where open consumption of alcohol is permitted, police officers may be more strict about enforcing other laws designed to ensure public health and safety. , Open container laws vary widely among states, as well as within individual cities.
If you're in an unfamiliar area and want to avoid open container law violations, ask someone what the rules are there.The easiest thing to do is find a uniformed police officer and ask them.
However, if you're nervous or intimidated about speaking to police officers, you can ask someone else in a position of authority.
For example, if you're on a beach, ask a lifeguard.
They typically know the public consumption rules for the beach where they work.
You also can ask vendors, people who work in restaurants, or clerks in stores that sell beer or other alcoholic beverages.
About the Author
Denise Williams
Committed to making DIY projects accessible and understandable for everyone.
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