United States Open Container Laws - Open Containers in Public

Open Containers in Public

The vast majority of U.S. states and localities prohibit possessing and/or consuming an open container of alcohol in public places, such as on the street. However, the definition of "public place" is not always clear. California is unique in that it does have a state law on the books, but similar to states that have no law, the state law only applies to areas that the "city, county, or city and county have enacted an ordinance" in.

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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