Exercise caution with Flasks

**Monkey@Arms** · 23rd February 07, 11:04 AM

Originally Posted by McClef

Forgive my ignorance here, not being Texan n all that, but these open container laws are a mystery this side of the pond.

Do they apply just if you are driving?

They are local or state laws that are meant to combat public intoxication, and drunk driving. They restrict where you can possess opened containers of alcohol. Eg. You can't be in a public place with an open bottle of beer, unless its specifically authorized, and you can't have an open bottle in the passenger area of the car. Its OK in the trunk (boot) where you don't have access, and of course on private property. As a side note, one of the things that gives New Orleans its reputation for debauchery is its lack of an open container law. The bars in the French Quarters actually have (or had) take out windows for cocktails, so you could drink while you strolled.

Best regards,

Jake

**mang1974** · 23rd February 07, 11:47 AM

Missouri also has open container laws. But there are certain outside events that allow open containers within the confines of said events. St. Louis has one of the biggest Mardi Gras outside of New Orleans (at least that's what they say around here) and they do sell alcohol within confined areas for that event. There are also various fairs and the like, including the Scottish Games, that also allow it. It only becomes a problem, and illegal, when you leave the confined areas.

**McClef** · 23rd February 07, 04:46 PM

Thanks for the explanations Fearnest, Jake and Mang.

We have laws over here in some places such as prohibitions on consuming alcohol on the street in some towns and cities but the offense is in the act, not on whether one is carrying a container containing alcohol either open or closed.

I am surprised that a car could be construed as a "public place". Drinking and driving over here is discouraged from the use of the breathalyser and heavy fines and penalties if over the legal limit. If I was driving with a flask of whisky in my sporran rather than in me, no offence would have been committed.

**ccga3359** · 23rd February 07, 05:31 PM

Here in Canada it is still illegal to carry an open container of liquor but Im pretty sure we can carry a flask, but hey they meant to be discreet anyhow. The law, I find is pretty lax when it comes to open alcohol unless you are doing something with a car, then they throw the book at you. I remember my underage drinking days at bush parties. The police would just make us pour our beer out onto the humongous bonfire we always had and sent us away. Heaven knows how they ever found us!
I remember one time drinking in a parking lot across the street from a buddies house and the police stopping by, well I was leaning on the roof of the cruiser getting lectured about drinking in public... You see it was a hot day and my beer was quite cold and I just accidentally took a swig. Well the cop started cursing and swearing that he wasn't going to charge me but the least I could do is not to drink it when he's lecturing me. Well he probably laughed about it later but I don't know who was more shocked at my actions, him or me.
I certainly dodged a bullet that day, which up here is a figure of speech whereas probably down in Texas that's a statement.

**ckelly327** · 24th February 07, 04:16 AM

Every place I've lived in the states has had an open container law for open containers of alcohol in the passenger compartment of a car. If you brought a bottle of alcohol to someone else's party and wanted to return home with the unfinished portion you always had to store it in the trunk. If you ran into a police offficer and it was inside the passenger area it would get poured out immediately.

One place was recently talking about a law to allow people to bring home half empty bottles of wine from restaurants. The theory was that you pay a lot for a good bottle and don't want to leave impaired but feel that you paid good money and want to finish the bottle. The idea was that you didn't have to finish the bottle there. The staff would cork it, then put it into a bag and then personally take it to your car and put it in your trunk for you. I'm not sure that it passed but it was a good idea.

Also, when I lived in NC there were still a few dry counties and towns but they had strange "bring your own" laws at some restaurants. If you wanted a scotch and water on the rocks you would bring in your own scotch and then they would sell you a small glass of ice and water for about $3. Then you had to take your little bag from under the table and pour your own drink. Not sure if they still do it but it was kind of funny.

There are also still some places that have the "brown bag" rules in public area. As long as people can't see what you are drinking out of the bag it's OK. More strange restrictions.

**ccga3359** · 24th February 07, 06:10 AM

Originally Posted by ckelly327

Every place I've lived in the states has had an open container law for open containers of alcohol in the passenger compartment of a car. If you brought a bottle of alcohol to someone else's party and wanted to return home with the unfinished portion you always had to store it in the trunk. If you ran into a police offficer and it was inside the passenger area it would get poured out immediately.

One place was recently talking about a law to allow people to bring home half empty bottles of wine from restaurants. The theory was that you pay a lot for a good bottle and don't want to leave impaired but feel that you paid good money and want to finish the bottle. The idea was that you didn't have to finish the bottle there. The staff would cork it, then put it into a bag and then personally take it to your car and put it in your trunk for you. I'm not sure that it passed but it was a good idea.

Also, when I lived in NC there were still a few dry counties and towns but they had strange "bring your own" laws at some restaurants. If you wanted a scotch and water on the rocks you would bring in your own scotch and then they would sell you a small glass of ice and water for about $3. Then you had to take your little bag from under the table and pour your own drink. Not sure if they still do it but it was kind of funny.

There are also still some places that have the "brown bag" rules in public area. As long as people can't see what you are drinking out of the bag it's OK. More strange restrictions.

Sounds like prohibition never really got put to rest. As long as someone doesn't act irresponsible or flagrantly abuse this law maybe there shouldn't be a problem. Was this thread about transporting alcahol from one location to the other in a flask without drinking in public?