United States open container laws

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In the United States, open container laws prohibit possessing and/or drinking from an open container of alcohol in certain areas. These laws concern open containers in public and/or in vehicles. They are controlled by the state law, rather than federal law, and vary greatly from state to state.

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[edit] Open containers in public

The French Quarter of New Orleans, Louisiana, where the possession and consumption of alcoholic beverages in open plastic containers is allowed in the street
The French Quarter of New Orleans, Louisiana, where the possession and consumption of alcoholic beverages in open plastic containers is allowed in the street

The vast majority of U.S. states and localities prohibit possessing and/or consuming an open container of alcohol in public (i.e. on the street). Only seven states (Georgia, Louisiana, Virginia, Missouri, Montana, Nevada, and Pennsylvania) have no state law against general public possession and/or consumption of an open container by a person of legal drinking age, although nearly all local jurisdictions in those states do prohibit public open containers.

There are a few public places in the United States, however, where open containers always are permitted in the street:

  • The city of Butte, Montana, has no open container law whatsoever. Because the State of Montana has no state public open container law, drinking openly in the street is allowed throughout the entire city.[1] A recent attempt to pass a comprehensive open container ordinance in Butte met with widespread opposition and was dropped.[2] For now, Butte is the only city in the United States which allows open containers throughout the entire city.[3] Butte does, however, ban open containers in vehicles.
  • In the Power & Light District of Kansas City, Missouri, a special Missouri state law[4] preempts Kansas City's ordinary local law against open containers[5] and allows the possession and consumption of alcoholic beverages on the street in open plastic containers.[6] The special state law refers to any "entertainment district" in Downtown Kansas City, so in 2006, the City Council of Kansas City extended this provision to include any portion not open to vehicular traffic of the Kauffman Center for the Performing Arts, the Crossroads Arts District, the 18th and Vine Historic District, the Liberty Memorial, Crown Center, and the Union Hill neighborhood.[7] 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.
  • On the Las Vegas Strip of Las Vegas, Nevada, unlike every other locality in Nevada, city law allows the possession and consumption on the street of any alcoholic beverage in an open container throughout the year, although the container must be plastic for certain special events such as the 4th of July and New Year's Eve.[8], Because Nevada has no state public open container law, the city law governs. Although open containers usually are allowed throughout the rest of Las Vegas, they are prohibited at certain times of the year, except in the Strip.[8]
  • In the French Quarter of New Orleans, Louisiana, city law allows the possession and consumption on the street of any alcoholic beverage in an open plastic container. Because Louisiana has no state public open container law, the city law governs. Throughout the rest of New Orleans, however, open containers remain prohibited.
  • In the Historic District of Downtown Savannah, Georgia, city law allows possession and consumption on the street of one alcoholic beverage in an open plastic container of not more than 16 ounces.[9] Because Georgia has no state public open container law, the city law governs. Throughout the rest of Savannah, however, open containers remain prohibited.

[edit] Open containers in vehicles

Prohibition of Open Containers of Alcohol in Motor Vehicles as of September, 2007
Prohibition of Open Containers of Alcohol in Motor Vehicles as of September, 2007

While there is no federal law prohibiting open containers in a motor vehicle (and both the 21st Amendment and the Commerce Clause of the Constitution of the United States likely would prohibit the United States Congress from passing such a law), the Transportation Equity Act for the 21st Century (often referred to as "TEA-21"), which Congress passed in 1999, created incentives for states to comply with certain federal requirements. Any state not in compliance has a percentage of its highway funds transferred instead each year to alcohol education funding.[10] This is a similar approach to that which Congress took in 1984 when it passed the National Minimum Drinking Age Act, which successfully sought to get all states to adopt a legal drinking age of 21. TEA-21 has not met with the same success, as some states, like Missouri, openly refuse to implement new laws to meet its requirements.

To comply with TEA-21, a state's motor vehicle open container laws must:

  • Prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage;[10]
  • Cover the passenger area of any motor vehicle, including unlocked glove compartments and any other areas of the vehicle that are readily accessible to the driver or passengers while in their seats;[10]
  • Apply to all open alcoholic beverage containers and all alcoholic beverages, including beer, wine, and spirits that contain one-half of one percent or more of alcohol by volume;[10]
  • Apply to all vehicle occupants except for passengers of vehicles designed, maintained or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines) or the living quarters of motor homes;[10]
  • Apply to all vehicles on a public highway or the right-of-way (i.e. on the shoulder) of a public highway;[10]
  • Require primary enforcement of the law, rather than requiring probable cause that another violation had been committed before allowing enforcement of the open container law.[10]

Currently, 39 states and the District of Columbia are in compliance.[10] 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.

As of November, 2007, only one state (Mississippi) allows drivers to consume alcohol while driving (as long as the driver stays below the 0.08% blood alcohol content limit for drunk driving), and only eight states (Arkansas, Connecticut, Delaware, Mississippi, Missouri, Tennessee, Virginia, and West Virginia) allow passengers to consume alcohol while the vehicle is in motion. Still, local laws in these states may limit open containers in vehicles, although those local laws do not impact the state's compliance or noncompliance with TEA-21.

[edit] See also

[edit] External links

[edit] Footnotes

  1. ^ John Grant Emeigh, "Open-container law important, area communities, police say," The Montana Standard, July 1, 2007
  2. ^ Justin Post, "Officials reconsider alcohol ordinance: Open container proposal may go different way," The Montana Standard, November 5, 2007
  3. ^ Jonah Goldberg, "For a nation of buttes: the glory of federalism," National Review, September 10, 2007
  4. ^ Section 311.086, Revised Statutes of Missouri
  5. ^ Sections 10-134 and 10-135, Kansas City Code of Ordinances
  6. ^ Rick Alm, "Drinking to be allowed on street in Power & Light District," The Kansas City Star, July 27, 2005
  7. ^ Section 10-134(c), Kansas City Code of Ordinances
  8. ^ a b Las Vegas Municipal Code Sections 10.76.010-020, 10.77.020-030
  9. ^ Savannah City Code Section 6-1215
  10. ^ a b c d e f g h U.S. Department of Transportation - NHTSA - Open Container Laws and Alcohol Involved Crashes: Some Preliminary Data - DOT HS 809 426 - April 2002