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The possession of cans, bottles or flasks or other vessels containing an alcoholic beverage could potentially result in a violation of open container laws. |
The possession of cans, bottles or flasks or other vessels containing an alcoholic beverage could potentially result in a violation of open container laws. |
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To be “open”, in most cases, means that some of the contents have been removed, the seal is broken, the cap is off or the alcohol is otherwise readily accessible. |
To be “open”, in most cases, means that some of the contents have been removed, the seal is broken, the cap is off or the alcohol is otherwise readily accessible.<ref>{{Cite web |title=Open Container and Consumption Statutes |url=https://www.ncsl.org/financial-services/open-container-and-consumption-statutes |access-date=2024-03-30 |website=www.ncsl.org}}</ref> |
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Some states that have legalized cannabis possession also prohibit open containers that contain cannabis in public places. |
Some states that have legalized cannabis possession also prohibit open containers that contain cannabis in public places.<ref>{{Cite web |last= |first= |title=LibGuides: Survey of Marijuana Law in the United States: Legalized Marijuana for Recreational Use |url=https://libguides.law.uga.edu/c.php?g=522835&p=3793319 |access-date=2024-03-30 |website=libguides.law.uga.edu |language=en}}</ref> |
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Open container restrictions are not always rigorously enforced, and open containers may in fact be legally permitted in nominally private events which are open to the public. This is especially true in downtown districts and during holidays and sporting events; see [[tailgate party]]. |
Open container restrictions are not always rigorously enforced, and open containers may in fact be legally permitted in nominally private events which are open to the public. This is especially true in downtown districts and during holidays and sporting events; see [[tailgate party]]. |
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There are public places in the United States where open containers are explicitly permitted: |
There are public places in the United States where open containers are explicitly permitted: |
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* [[Gainesville, Florida]] allows the consumption of alcoholic beverages in public.<ref name="Open Container Gainesville">{{cite web|last=Diaz|first=Robert|title=Gainesville decides not to limit public drinking|url=https://www.wuft.org/news/2023/03/03/gainesville-decides-not-to-limit-public-drinking/|publisher=WUFT|access-date=20 December 2023}}</ref> |
* [[Gainesville, Florida]] allows the consumption of alcoholic beverages in public.<ref name="Open Container Gainesville">{{cite web|last=Diaz|first=Robert|title=Gainesville decides not to limit public drinking|date=March 3, 2023 |url=https://www.wuft.org/news/2023/03/03/gainesville-decides-not-to-limit-public-drinking/|publisher=WUFT|access-date=20 December 2023}}</ref> |
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* [[Indiana]] allows the consumption of alcoholic beverages in public.<ref>{{cite news|url=https://www.indystar.com/story/news/2018/01/26/everything-you-need-know-indianas-alcohol-laws/1057631001/|title=Everything you need to know about Indiana's alcohol laws|newspaper=IndyStar|date=January 26, 2018|first1=Robert|last1=King|first2=Amy|last2=Haneline}}</ref> |
* [[Indiana]] allows the consumption of alcoholic beverages in public.<ref>{{cite news|url=https://www.indystar.com/story/news/2018/01/26/everything-you-need-know-indianas-alcohol-laws/1057631001/|title=Everything you need to know about Indiana's alcohol laws|newspaper=IndyStar|date=January 26, 2018|first1=Robert|last1=King|first2=Amy|last2=Haneline}}</ref> |
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* [[Hood River, Oregon]] |
* [[Hood River, Oregon]] allows the consumption of alcoholic beverages in public.<ref>{{Cite news|url=https://www.bustle.com/articles/83738-8-cities-where-you-can-drink-in-public-which-is-useful-information-to-have-when|title=8 Cities Where You Can Drink In Public — Which Is Useful Information To Have When You're Looking For A Good Time|last=Grasso|first=Chelsey|access-date=2017-10-27}}</ref> |
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* The city of [[Butte, Montana]], prohibits open containers only between 2am and 8am. Drinking openly in the street is allowed throughout the city (and elsewhere in [[Montana]] where no local laws exist) during the other 18 hours of the day.<ref>{{cite news|url=http://www.kbzk.com/news/ordinance-banning-open-containers-of-alcohol-in-butte-now-a-reality/ |title=Ordinance banning open containers of alcohol in Butte now a reality |work=KBZK.com |archive-url=https://web.archive.org/web/20140306003252/http://www.kbzk.com/news/ordinance-banning-open-containers-of-alcohol-in-butte-now-a-reality/ |archive-date=6 March 2014}}</ref> A recent attempt to pass a comprehensive open container prohibition in Butte met with widespread opposition and was dropped.<ref>{{cite news|last=Post|first=Justin|title=Officials reconsider alcohol ordinance: Open container proposal may go different way|url=http://mtstandard.com/news/local/officials-reconsider-alcohol-ordinance-open-container-proposal-may-go-different/article_236b2f5b-71bc-5211-94ac-2cddbbe9d583.html|access-date=March 14, 2014|newspaper=The Montana Standard|date=November 5, 2007}}</ref> However, Montana state law does prohibit open containers in vehicles on a highway.<ref>{{cite web|url=http://leg.mt.gov/bills/mca/61/8/61-8-460.htm|title=61-8-460. Unlawful possession of open alcoholic beverage container in motor vehicle on highway.|first=Dale Matheson, Montana Legislative|last=Services|website=leg.mt.gov}}</ref> |
* The city of [[Butte, Montana]], prohibits open containers only between 2am and 8am. Drinking openly in the street is allowed throughout the city (and elsewhere in [[Montana]] where no local laws exist) during the other 18 hours of the day.<ref>{{cite news|url=http://www.kbzk.com/news/ordinance-banning-open-containers-of-alcohol-in-butte-now-a-reality/ |title=Ordinance banning open containers of alcohol in Butte now a reality |work=KBZK.com |archive-url=https://web.archive.org/web/20140306003252/http://www.kbzk.com/news/ordinance-banning-open-containers-of-alcohol-in-butte-now-a-reality/ |archive-date=6 March 2014}}</ref> A recent attempt to pass a comprehensive open container prohibition in Butte met with widespread opposition and was dropped.<ref>{{cite news|last=Post|first=Justin|title=Officials reconsider alcohol ordinance: Open container proposal may go different way|url=http://mtstandard.com/news/local/officials-reconsider-alcohol-ordinance-open-container-proposal-may-go-different/article_236b2f5b-71bc-5211-94ac-2cddbbe9d583.html|access-date=March 14, 2014|newspaper=The Montana Standard|date=November 5, 2007}}</ref> However, Montana state law does prohibit open containers in vehicles on a highway.<ref>{{cite web|url=http://leg.mt.gov/bills/mca/61/8/61-8-460.htm|title=61-8-460. Unlawful possession of open alcoholic beverage container in motor vehicle on highway.|first=Dale Matheson, Montana Legislative|last=Services|website=leg.mt.gov}}</ref> |
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* In the [[Power & Light District]] of [[Kansas City, Missouri]], a special Missouri state law<ref>Section 311.086, Revised Statutes of Missouri</ref> preempts Kansas City's ordinary local law against open containers<ref>Sections 10-134 and 10-135, Kansas City Code of Ordinances</ref> and allows the possession and consumption of alcoholic beverages on the street in open [[plastic containers]].<ref name="stararticle">Rick Alm, "Drinking to be allowed on street in Power & Light District," ''The Kansas City Star'', July 27, 2005</ref> Although [[Missouri]] has no statewide open container law, the Power & Light District remains the only part of Kansas City where open containers are allowed actually on the street, and throughout the rest of Kansas City, open containers remain expressly prohibited. |
* In the [[Power & Light District]] of [[Kansas City, Missouri]], a special Missouri state law<ref>Section 311.086, Revised Statutes of Missouri</ref> preempts Kansas City's ordinary local law against open containers<ref>Sections 10-134 and 10-135, Kansas City Code of Ordinances</ref> and allows the possession and consumption of alcoholic beverages on the street in open [[plastic containers]].<ref name="stararticle">Rick Alm, "Drinking to be allowed on street in Power & Light District," ''The Kansas City Star'', July 27, 2005</ref> Although [[Missouri]] has no statewide open container law, the Power & Light District remains the only part of Kansas City where open containers are allowed actually on the street, and throughout the rest of Kansas City, open containers remain expressly prohibited. |
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In some states, the open container laws apply even if your vehicle is parked on a public road, street, highway, interstate or another publicly maintained thoroughfare. For example, in Texas a vehicle does not need to be in motion for the driver to be cited for an open container violation.<ref>{{cite journal |last1=Williams |first1=Frank P. |last2=White |first2=E. Lynn |title=Legislative Actions Against Drunken Driving: An Assessment with Additional Evidence on the Open Container |journal=Criminal Justice Policy Review |date=September 1986 |volume=1 |issue=3 |pages=286–304 |doi=10.1177/088740348600100303|s2cid=146470679 }}</ref> Mississippi is currently the only state which does not expressly prohibit the possession of an open container while driving but many states allow passengers to have an open container.<ref>{{cite web |title=Open Containers of Alcohol in Motor Vehicles {{!}} APIS - Alcohol Policy Information System |url=https://alcoholpolicy.niaaa.nih.gov/apis-policy-topics/open-containers-of-alcohol-in-motor-vehicles/34 |website=alcoholpolicy.niaaa.nih.gov |publisher=National Institute on Alcohol Abuse and Alcoholism |access-date=10 June 2023}}</ref> |
In some states, the open container laws apply even if your vehicle is parked on a public road, street, highway, interstate or another publicly maintained thoroughfare. For example, in Texas a vehicle does not need to be in motion for the driver to be cited for an open container violation.<ref>{{cite journal |last1=Williams |first1=Frank P. |last2=White |first2=E. Lynn |title=Legislative Actions Against Drunken Driving: An Assessment with Additional Evidence on the Open Container |journal=Criminal Justice Policy Review |date=September 1986 |volume=1 |issue=3 |pages=286–304 |doi=10.1177/088740348600100303|s2cid=146470679 }}</ref> Mississippi is currently the only state which does not expressly prohibit the possession of an open container while driving but many states allow passengers to have an open container.<ref>{{cite web |title=Open Containers of Alcohol in Motor Vehicles {{!}} APIS - Alcohol Policy Information System |url=https://alcoholpolicy.niaaa.nih.gov/apis-policy-topics/open-containers-of-alcohol-in-motor-vehicles/34 |website=alcoholpolicy.niaaa.nih.gov |publisher=National Institute on Alcohol Abuse and Alcoholism |access-date=10 June 2023}}</ref> |
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Penalties for open container violations vary from state to state but include fines, possible jail time, [[Point system (driving)|license demerit points]] and [[community service]].<ref>{{Cite web |date=2023-10-28 |title=Gainesville City Commission revokes open container law adopted during pandemic |url=https://www.wuft.org/entertainment/2023-10-28/gainesville-city-commission-revokes-open-container-law-adopted-during-pandemic |access-date=2024-03-30 |website=WUFT {{!}} News and public media for north central Florida |language=en}}</ref><ref>{{Cite news |title=Navigating |
Penalties for open container violations vary from state to state but include fines, possible jail time, [[Point system (driving)|license demerit points]] and [[community service]].<ref>{{Cite web |date=2023-10-28 |title=Gainesville City Commission revokes open container law adopted during pandemic |url=https://www.wuft.org/entertainment/2023-10-28/gainesville-city-commission-revokes-open-container-law-adopted-during-pandemic |access-date=2024-03-30 |website=WUFT {{!}} News and public media for north central Florida |language=en}}</ref><ref>{{Cite news |title=Navigating Miami's Open Container Law: What You Need to Know |url=https://spacecoastdaily.com/2024/02/navigating-miamis-open-container-law-what-you-need-to-know/ |work=spacecoastdaily}}</ref><ref>{{Cite web |date=November 21, 2023 |title=In Texas, can you drink alcohol in public? Here's what state's open container law says. |url=https://www.star-telegram.com/news/state/texas/article282100268.html |website=star-telegram}}</ref> |
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'''Cannabis Open Container Laws''' |
'''Cannabis Open Container Laws''' |
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In U.S. states that have [[Legality of cannabis by U.S. jurisdiction|legalized cannabis]] possession, open container laws typically extend to cannabis. This currently includes 11 states, including California, Illinois, Colorado and Massachusetts. In these states, a container of marijuana cannot be opened and readily accessible to the driver of a vehicle.<ref>{{Cite web |title=Driving with Cannabis in a Vehicle |url=https://www.ncsl.org/transportation/driving-with-cannabis-in-a-vehicle |access-date=2023-03-15 |website=www.ncsl.org}}</ref> |
In U.S. states that have [[Legality of cannabis by U.S. jurisdiction|legalized cannabis]] possession, open container laws typically extend to cannabis. This currently includes 11 states, including California, Illinois, Colorado and Massachusetts. In these states, a container of marijuana cannot be opened and readily accessible to the driver of a vehicle.<ref>{{Cite web |title=Driving with Cannabis in a Vehicle |url=https://www.ncsl.org/transportation/driving-with-cannabis-in-a-vehicle |access-date=2023-03-15 |website=www.ncsl.org}}</ref><ref>{{Cite web |title=A Cup as an Open Container |url=https://www.losangelesduiattorney.com/open-container/is-a-cup-an-open-container/ |access-date=2024-03-30 |website=LosAngelesDUI.com |language=en-US}}</ref> |
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== See also == |
== See also == |
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The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (July 2023) (Learn how and when to remove this message)
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Anopen-container law is a law which regulates or prohibits drinking alcohol in public by limiting the existence of open alcoholic beverage containers in certain areas, as well as the active consumption of alcohol in those areas. "Public places" in this context refers to openly public places such as sidewalks, parks and vehicles. It does not include nominally private spaces which are open to the public, such as bars, restaurants and stadiums.
An open-container law may also refer to the prohibition of drivers (and sometimes passengers) from having any open container of an alcoholic beverage inside their vehicle in areas that are readily accessible to vehicle occupants (this generally excludes the trunk).
The stated purpose of these laws is to restrict public intoxication, especially the dangerous act of operating a vehicle while intoxicated.
In the United States, open-container laws are U.S. state laws, rather than federal laws; thus they vary from state to state.
The majority of U.S. states and localities prohibit possessing or consuming an open container of alcohol in public places, such as on the street, while 24 states do not have statutes regarding the public consumption of alcohol.[1] However, the definition of "public place" is not always clear. California is unique in that it does have a state law on the books that only prohibits possessing alcoholic beverage containers that have been opened (unless that container is in one's possession "for the purpose of recycling or other related activity") in public places owned by a city, county, or city and county, or any recreation and park district, regional park, or open-space district, but similar to states that have no law, the state law only applies to some or all of the aforementioned areas in which the "city, county, or city and county have enacted an ordinance".[2]
The possession of cans, bottles or flasks or other vessels containing an alcoholic beverage could potentially result in a violation of open container laws.
To be “open”, in most cases, means that some of the contents have been removed, the seal is broken, the cap is off or the alcohol is otherwise readily accessible.[3]
Some states that have legalized cannabis possession also prohibit open containers that contain cannabis in public places.[4]
Open container restrictions are not always rigorously enforced, and open containers may in fact be legally permitted in nominally private events which are open to the public. This is especially true in downtown districts and during holidays and sporting events; see tailgate party.
There are public places in the United States where open containers are explicitly permitted:
To comply with the TEA-21 rules of the federal Department of Transportation, a state's motor vehicle open container laws must:
Currently, 39 states and the District of Columbia are in full compliance with federal government guidelines. However, passengers may either possess open containers or consume alcohol in Alaska, Arkansas, Connecticut, Delaware, Louisiana, Missouri, Rhode Island, Tennessee, Virginia and West Virginia. These states do not currently meet the necessary level of TEA-21 compliance.[27]
In some states, the open container laws apply even if your vehicle is parked on a public road, street, highway, interstate or another publicly maintained thoroughfare. For example, in Texas a vehicle does not need to be in motion for the driver to be cited for an open container violation.[28] Mississippi is currently the only state which does not expressly prohibit the possession of an open container while driving but many states allow passengers to have an open container.[29]
Penalties for open container violations vary from state to state but include fines, possible jail time, license demerit points and community service.[30][31][32]
Cannabis Open Container Laws
In U.S. states that have legalized cannabis possession, open container laws typically extend to cannabis. This currently includes 11 states, including California, Illinois, Colorado and Massachusetts. In these states, a container of marijuana cannot be opened and readily accessible to the driver of a vehicle.[33][34]
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