In the United States, open container laws regulate or prohibit the existence of open containers of alcohol 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. The stated purpose of these laws is to restrict public intoxication, especially the dangerous act of operating a vehicle while intoxicated. Open container laws are 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 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 the some or all of the aforementioned areas in which the "city, county, or city and county have enacted an ordinance".[2]
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 compliance.[23] Alaska, Louisiana, Tennessee, and Wyoming have similar limits on the possession of open containers in vehicles, but not to the level of TEA-21 compliance.
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