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Get Your Drink On. Just Not Outside

2006_08_ask_drinking.jpgWhat exactly ARE the "public drinking" laws? Bagged 40's seem to be fairly regular all over the city...do the cops just don't like it when you take an actual cocktail glass out for a jaunt?

We had a hard time finding anywhere where it said what the specific open container and public drinking laws were, so we called our local precinct and got the scoop. Ultimately, open containers of alcohol in public places is illegal. Drinking in public is considered an administrative violation and if you are caught you will get a summons. This is with the exception of certain situations such as restaurants where it's within a determined distance of the building, etc. We have also found Coney Island does not seem to adhere to these open container laws. We are assuming that they have special permits for beverages on their property. As far as brown bagging your alcoholic beverage, the law used to be that if it was concealed it was ok, but that is not the case any more.

Does anyone have more information on this? We were not able to find anywhere online where the law is written.

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  • ACE VENTURE

    If someone can drink on the LIRR/METRO NORTH then you should be able to drink in the subways too. This is selective enforcement and its not right at all. I drink anywhere I fucken want. If I go outside I just change the cup.

  • robert

    i recently was caught at an osu football game drinking from a brown bag. . . the cops asked what i was drinking, and i replied, i don't know. they proseeded to rip the drink from my hand as well as torque my finger and maintained holding it. after they saw that it was a beer it was time for the ticket. . . it took them about ten minutes. and the entire time i had a cop yelling in my ear telling me that i was a stupid shit" your nothing more then a stupid shit" i felt that what they did was not right, even if i was in the wrong, why did it need to become physical? im going to court in a few days. . . any suggestions?

  • Mike the Laborer

    #6: It's a shame you found it necessary to try to claim racism in enforcement. If you're breaking the law, you're breaking the law, no matter your skin color.

    You even undercut your own arguement by citing firemen getting ticketed. the NYFD is probably THE WHITEST organization this side of the KKK.

    The law is arbitrary, yes, but not racist.

  • anonymous attorney

    17: Yes.

    It's not that it's legal if it's in a brown bag. It's that the judge will throw it out for facial insufficiency if the cop does not allege the actual brand of the alcohol on the back of the summons sent to the court. If it's on a brown bag, the cop can't get that information without doing an illegal (unless other circumstances apply) search.

  • At Orchard Beach, they sell beer and you can take it onto the beach. I have never been hassled drinking.

  • kwanito

    I got a summons to appear in court for an open container. I wish they would've just given me the ticket so I don't have to burn a day trekking up to the Bronx. My friend said it'll be no less than $90. I really don't want to end up paying $250 for 2 Yuenglings- which by Dave H.'s account is very possible.

  • Downtown Guy

    I agree with the other poster: If you are on your stoop, just as your front yard, or back yard, you are not on public property and probably would win in Court. Is the hassle worth the small fine?

    Incidentally, the cop who said you can drink near your restaurant is totally wrong. Their liquor license is for On Premise consumption only. (If they have a sidewalk cafe permit, you can drink at the table only.)

    Put it in a coffee cup and screw it.

  • Jerky

    Next time the pigs ask you what you are drinking just wind up and smash the bottle across their face. When it breaks, they'll figure out the contents as it drips into the large lacerations across their porcine visage.

  • djca

    From the MTA LIRR Rules and Regulations:

    Section 1097.5 Prohibited Uses

    No person in a terminal, station or train shall:

    d. Drink any alcoholic beverage or possess any opened or unsealed container of alcoholic beverage, except in premises or areas allowing the sale or consumption of alcoholic beverages, such as on trains or platforms or in bars or restaurants;

    f. Enter or remain in a terminal, station or train while his or her ability to function safely in the environment of the terminal, station or train is impaired by consumption of alcohol or by the taking of any controlled substance;

    Loud and clear. So if you get drunk from the beer you bought at platform, you're not allowed to remain aboard the train.

  • nick

    drinking beer with a straw = totally unenjoyable.

    and re: #16 - sparks is basically an alcoholic red bull. not very good.

    tummy. ache. city.

  • shepherd

    A soda cup with a straw does the trick - like one from a movie or a mcdonalds. No way around it... you're not supposed to drink outside in nyc - not even at the beach or park - brown bag or no. (flasks look like flasks...you can be spotted a mile away)

  • Geoff C

    When I moved to NYC 10 years ago, I was curious myself, so I wrote the Police Commisioner and got a nice letter in return stating that there is no "Brown Bag" law. All public consumption of alcohol is prohibited. However, I did ask officers at different times about there views on enforcement and was told both times that as long as you're not being flagrant about it or completely drunk making an a*s out of yourself, they usually will not ticket if you're at events or the beach (read Coney Island).

  • Samantha T

    The bar car on Metro North only sells drinks at certain times of day, though I think you can buy a drink from a vendor on the platform at other times of day (though, again, not all the time). As for this:

    "Why do the laws HATE POOR PEOPLE?"

    I agree that they're enforced against poor people, but must point out that not all Metro North trains end in Darien - there's lots of working-class/poor people on the train. I go up to New Haven all the time and the blonde Lilly Pulitzer wearers generally get off way before then. That said, the bar car is also closed way before New Haven, too!

    So interesting, #6, about the beer/wine, firefighter/Philharmonic difference. Can I just say that it would never even occur to me that it was illegal to drink wine at that kind of event? That shit's ingrained, apparently.

  • poor person

    I second the flask, just adding a healthy shot of booze to whatever beverage you already have (vodka in your 16 oz bottle of tonic), or if you wanted to get really fancy, match the beverage color to one that is legal. It's perfect for the beach or park!

    What I don't understand is why it's leagal to drink on the LIRR and Metro North, but if you have the same long commute on the subway, it's forbidden? Also, a lot of people only have access to grilling at the park, but obviously you can't legally drink a beer with your brat. Why do the laws HATE POOR PEOPLE?

  • Kojak

    "oddly enough, it is perfectly legal to drink on metro north."

    Same exact setup for the LIRR as well.

    Praise the Lord

  • Oh yeah, it was completely insane. When faced with taking a second day off from work, however, to push the issue, I just forked over the cash. That's what's effective about the ambiguity of no-booze laws. They're arbitrary, capricious, and subject to at-the-moment enforcement. I like the cops I know personally, but generally they're dicks.

  • Jangler

    Are there any other major cities in the world where this silly law is applicable? I know it is in Glasgow. Can't think of anywhere else.

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