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What are the open container laws in New York?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

New York treats vehicular open container as a traffic infraction and separately criminalizes public consumption in New York City and many municipalities.

1. Vehicle Open Container — VTL § 1227

  • Prohibits drinking from or possessing an open container in the passenger area of a motor vehicle on a public highway.
  • "Passenger area" excludes the trunk and the area behind the rearmost upright seat of a vehicle without a trunk.
  • Both driver and passenger can be cited; possession alone is enough.

    • 2. Penalties

  • Traffic infraction, fine up to $150 plus state surcharge.
  • No points on license (per Article 31, not classified as a moving violation contributing to NOA suspension).
  • No criminal record.

    • 3. Exemptions

  • Passengers of chartered buses, limousines, and taxicabs.
  • Living quarters of motorhomes.
  • Trunk / behind rearmost upright seat.

    • 4. NYC Public Consumption — NYC Admin Code § 10-125

  • Drinking alcohol on a public street, sidewalk, or other public place is prohibited.
  • $25 civil summons, but officers may instead arrest under disorderly conduct (PL § 240.20) at their discretion.
  • Concealed in a paper bag is still a violation — the container test is "designed for storage."

    • 5. Park Drinking

    NYS Park Rules (9 NYCRR § 375.1) prohibit alcohol in many state parks; localities (Central Park, Prospect Park) ban or allow per posted signs.

    6. Entertainment Districts

    New York does not have statutory entertainment districts allowing open consumption like Bourbon Street, but some upstate Social Districts (e.g., Saratoga Springs, Canandaigua) authorize designated outdoor drinking zones via local law and SLA approval.

    7. Tailgating

    At Bills, Giants, Jets, and Mets/Yankees stadium parking lots, open container in vehicles parked on the lot remains a § 1227 violation — the lot is generally "private property" but the surrounding streets are not.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Open container charged alongside a DWI
    • Minor in possession added to an open container citation
    • CDL holder with open container affecting commercial license
    Related Statutes & Laws
    • N.Y. Veh. & Traf. Law § 1227
    • NYC Admin. Code § 10-125
    • 9 NYCRR § 375.1
    • N.Y. Penal Law § 240.20

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.