Alcohol In Public: La's Open Container Laws

In California, it is illegal to consume alcohol in public, and possession of an open container of alcohol in public is an offence, though it is not considered a crime. In Los Angeles, it is generally not illegal to possess an open container of alcohol in public, but it may attract the attention of law enforcement. Sealed alcohol is generally okay to carry around in the city, but open containers are prohibited in or near a store that sells alcohol or on any public transportation.

Sealed alcohol is generally okay to carry in LA

In Los Angeles, it is generally acceptable to carry sealed alcohol in public. However, there are specific places where drinking alcohol is prohibited, such as near a store that sells alcohol or on public transportation like trains, subways, or buses. These rules are enforced to maintain public order and safety.

While it is not illegal to possess an open container of alcohol in public, it is not advisable as it may attract the attention of law enforcement. The Los Angeles Municipal Code states that possessing an open container of alcohol in public with the intent to consume it is illegal. However, this ordinance was deemed unenforceable due to a violation of the California Constitution in 1995.

The police department in Los Angeles typically does not prosecute public intoxication cases. Nevertheless, public intoxication and underage possession of alcohol are considered misdemeanors, and the penalties for convictions can vary depending on the specific circumstances and the offender's history.

To avoid any legal complications, it is recommended to consume alcohol in designated areas or private spaces. It is also important to note that drinking in public, even from a paper bag, is illegal in California. While it may provide a level of concealment, it does not prevent probable cause for law enforcement to investigate if they suspect alcohol consumption.

In summary, while carrying sealed alcohol in public is generally permitted in Los Angeles, it is important to be mindful of specific restrictions and the potential for attention from law enforcement when consuming alcohol in public spaces.

Open containers near alcohol-selling stores are prohibited

In Los Angeles, it is prohibited to possess an open container of alcohol in or near a store that sells alcohol. This also applies to any Metro public transportation, including trains, subways, and buses. While it may not be strictly illegal to possess an open container of alcohol in other public spaces, it is generally not advisable as it may attract the attention of law enforcement.

The Los Angeles Municipal Code (LAMC) specifically addresses this issue in Section 41.27(d). It is important to note that the definition of "open container" refers to unsealed containers, indicating that the alcohol is readily accessible and available for consumption.

The law makes a distinction between sealed and unsealed containers. Sealed alcohol, such as a bottle that has not been opened or a can that remains closed, is generally acceptable to carry around in public spaces in Los Angeles. However, once the seal is broken and the container is considered "open," different regulations come into effect.

While the possession of an open container of alcohol in public is not classified as a crime and does not result in jail time, it is still considered an infraction. Individuals found in violation of this regulation may receive a ticket and be required to pay a fine, similar to a traffic violation. The fine associated with this type of infraction can reach up to $250, and the penalties can increase if there are related offenses, particularly those involving motor vehicles, such as driving under the influence.

It is worth noting that there are exceptions to California's laws regarding public alcohol possession and consumption. These include instances where the possession is for recycling purposes, when an individual under the age of 21 is following the instructions of a parent or guardian, or when the alcohol is possessed within a licensed area. Additionally, in Los Angeles, beverages with less than 0.5% alcohol content, such as certain kombucha drinks, are not legally considered alcohol and can be consumed in public without restriction.

Open containers on public transport are prohibited

In Los Angeles, it is prohibited to possess an open container of alcohol on any public transport, including trains, subways, and buses. This is outlined in the Metro Customer Code of Conduct 6-05-110. While it may not always lead to prosecution, carrying open containers of alcohol in public can attract the attention of law enforcement.

The Los Angeles Municipal Code Sec 41.27(h) states that it is illegal to possess an open container of alcohol in public with the intent to consume it. However, this ordinance was deemed a violation of the California Constitution and deemed unenforceable under People v. Duran, 43 Cal. App. 4th Supp.1 in 1995.

Although it is not technically illegal in Los Angeles to carry open containers of alcohol in public, it is generally advised against. The police department in Los Angeles may choose not to prosecute public intoxication cases, but it is still considered an offense.

In California, violating local ordinances that prohibit the possession or consumption of alcoholic beverages in public is an infraction. While it is not considered a crime and does not result in jail time, individuals may receive a ticket and a court date, similar to a traffic violation. The ticket can include a fine of up to $250, and the penalties can increase if there are related charges, particularly for motor vehicle offenses like driving under the influence.

It is important to note that the laws regarding alcohol consumption and possession in public may vary across the 88 cities in Los Angeles County. Additionally, drinks with less than 0.5% alcohol, such as some kombucha beverages, are generally permitted to be consumed in public within the city of Los Angeles.

LA Municipal Code Sec 41.27(h) prohibits open containers in public

In Los Angeles, it is prohibited to possess an open container of alcohol in public with the intent to consume it, as outlined in LA Municipal Code Sec. 41.27(h). This means that while you can carry sealed alcohol, open containers are not permitted. It's worth noting that this specific ordinance was deemed a violation of the California Constitution and deemed unenforceable under People v. Duran in 1995.

Despite this, carrying open containers of alcohol in public is generally not recommended, as it may attract the attention of law enforcement. While it may not result in prosecution or jail time, you could receive a ticket and a fine of up to $250. Additionally, the presence of other related offenses, such as motor vehicle offenses, can increase these penalties.

The Los Angeles Municipal Code also prohibits possessing open containers of alcohol in or near stores that sell alcohol (LA Municipal Code Sec. 41.27(d)) and on any Metro public transportation, including trains, subways, or buses (Metro Customer Code of Conduct 6-05-110). These restrictions are separate from the general prohibition against public intoxication, which is addressed by the police department in Los Angeles.

It's important to note that the laws regarding alcohol consumption and possession can vary across the 88 cities within Los Angeles County. Additionally, California state law allows exceptions to the public alcohol possession and consumption laws, including underage possession with adult instructions, possession for recycling purposes, and possession within licensed areas.

Public intoxication cases are generally not prosecuted in LA

In Los Angeles, it is generally not illegal to possess an open container of alcohol in public. However, it is important to note that drinking alcohol in public places is illegal in California. While it is not strictly forbidden to carry open containers of alcohol in public, it may attract the attention of law enforcement.

Public intoxication, or being drunk in public, is outlined in California Penal Code Section 647(f). It is defined as being intoxicated or under the influence of alcohol or drugs in a public place, such as a shopping mall, street, or sidewalk, to the extent that one cannot ensure their safety or the safety of others, or they obstruct free use of a public space. While this is a criminal offence, typically charged as a misdemeanour, the Los Angeles Police Department generally does not prosecute public intoxication cases.

To be convicted of public intoxication in California, the prosecutor must prove three elements:

• The individual was willfully under the influence of alcohol, drugs, or a controlled substance.
• When under the influence, the individual was in a public place.
• The individual was either unable to care for their own safety or the safety of others, or they interfered with, obstructed, or prevented the free use of a street, sidewalk, or another public space.

There are a few defences to public intoxication charges. Firstly, if the individual was not in a "public" place, defined as a place open to strangers, they may not be guilty. For example, being intoxicated at a house party does not constitute being drunk in public. Secondly, if the individual accidentally or unknowingly ingested alcohol or drugs without their knowledge, they may not be guilty. Lastly, if the individual did not interfere with or obstruct the free use of a public street or sidewalk, they may not be guilty. For instance, being drunk behind a dumpster in an alleyway does not violate the law as long as the individual can still ensure their safety and the safety of others.

The penalties for a conviction of public intoxication will depend on the specific circumstances of the case and any related offences. While it is only an infraction, it can carry fines of up to $250. In some cases, the judge may award summary probation or community service instead of jail time.

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