In the US, open container laws primarily regulate the presence of open containers of alcoholic beverages within some areas, while the voluntary consumption of alcohol on these same areas is considered an illegal activity. “Open container” refers to a beverage in a container that has no closed lid, and may not be secured with any form of closure, such as a handle or band.
In some jurisdictions, the term “open container law” encompasses public consumption of alcoholic beverages anywhere, which includes restaurants, bars and other public areas where the consumption of alcoholic beverages is allowed by law. In others, the term “open container law” covers the voluntary consumption of alcoholic beverages within designated areas such as in designated parking lots. In other jurisdictions, the open container law generally refers to the consumption of alcoholic beverages, when consuming such beverage is permitted by law, in private vehicles. Open containers can also be used for non-alcoholic beverages, such as chewing gum or mints.
There are two types of laws regulating the open consumption of alcoholic beverages: laws that apply to private property and laws that apply to public property. Private property laws govern how open containers of alcoholic beverages may be consumed in private locations, while public property laws cover how the consumption of alcoholic beverages is regulated in public areas.
In most jurisdictions, a private property owner has complete control over the establishment of a public place for the purpose of drinking alcohol. Private owners may either enforce a prohibition against consuming alcohol within their own establishment or may allow voluntary open container consumption within their establishments. In order to determine whether a private establishment allows voluntary open container consumption, a business must evaluate the nature of its alcohol sales and revenue. Additionally, such establishments may choose to allow the voluntary consumption of alcoholic beverages in their establishment to attract customers.
Private establishments that allow voluntary open container sales often include restaurants, bars, hotels, inns, motels, cruise ships, discos, cruise liners, casinos and nightclubs. Some private establishments may also sell alcoholic beverages at fairs, festivals, outdoor events and other public events. In addition, some private establishments will provide a variety of free activities and entertainment, such as live music, dancing, and shows. in their establishments for patrons to enjoy.
Public property laws regarding voluntary open container sales are different in nature than laws governing the voluntary consumption of alcoholic beverages in public areas. Private establishments are not required to establish open container sales within their establishment for the purpose of attracting customers. Customers who voluntarily consume alcoholic beverages in public areas are not considered to be in violation of the law of involuntary consumption. Private establishments may, however, require that a person consume a voluntary open container of alcoholic beverage on the premises of their establishment for consumption. Some voluntary open container sales may involve the provision of alcoholic beverages to patrons at a discounted price, such as at a restaurant, bistro or pub, so that customers do not have to purchase alcoholic beverages on their own.
Public properties, in contrast, govern the use of alcoholic beverages in public areas. These include parks, beaches, malls, beaches, hotels, schools, buses, streets, subways, airports, taxis, theaters, buses, hospitals and more. Generally, open containers are not allowed within these public venues. However, it is permissible to serve alcoholic beverages in public areas of a privately owned building or park in some cases. If you consume alcoholic beverages in these areas for recreational purposes, your possession may become a crime, depending on the circumstances.
Private establishments that provide alcohol to their patrons in their establishment or elsewhere in public areas may not serve alcoholic beverages to anyone under 21 years old. This is in compliance with the law of involuntary consumption. If you are accused of violating any of these laws, you should consult an attorney who specializes in personal injury law to learn about your rights under the law.
