Across the United States, laws on open containers of alcoholic beverages generally regulate or prohibit carrying as well as consuming these in certain areas. Typically, “public spaces” refers to areas such as sidewalks, parks, vehicles, and other common areas. The majority of states across the nation prohibit the possession and/or consumption of an open container of alcoholic beverages in public areas. Open container laws, however, are regulated by state rather than federal laws. These laws are not always strictly enforced, particularly in downtown districts and during holidays, sporting events, and festivals.
Open Containers Explained
It is no secret that Las Vegas, Nevada, is a popular tourist attraction in the United States. The city is known for its shows, casinos, hotels, nightlife, and sites. While the city is filled with casinos and bars that can meet the visitors’ drinking needs, many of these visitors also walk around the city with open containers full of alcoholic beverages. Many visitors to Las Vegas may wonder whether open containers are legal in the state. In fact, Nevada law has designated Las Vegas as one of the few places in America that does not prohibit or restrict the carrying of open containers of alcoholic beverages.
An open container is any container that contains alcohol and is not sealed such as:
- An open can of hard seltzer or beer,
- An uncorked bottle of wine,
- A bottle of liquor with the cap popped, unscrewed or twisted, or
- A plastic cup filled with beer or other alcoholic beverages.
Importantly, an unsealed alcohol container cannot be “closed” even if you put the cap or cork back on it — it is still legally considered an open container.
Nevada Alcohol and Open Container Laws
According to Nevada law, drinking in public is not prohibited, and accordingly, not criminal. There are rules in place, however, regarding drinking from open containers; depending on the specific city, local laws may not allow public consumption of alcoholic beverages from open containers.
Las Vegas law allows adults age 21 and older to consume alcoholic beverages outside on the city’s sidewalks. Drinking laws on the Las Vegas strip, however, are different than those in the city proper, including Fremont Street and Downtown. Part of the reason behind this is that the Las Vegas strip crosses two towns — Paradise and Winchester — making drinking in public and open containers subject to the laws in Clark County. These laws include:
- Allowing open containers of alcohol while walking along the Las Vegas Strip;
- Prohibiting people from carrying alcohol–or any other type of beverage–in glass containers;
- Allowing pedestrians to carry open containers of alcoholic beverages in aluminum containers, plastic cups, or paper cups;
- Prohibiting people from carrying alcohol in an open container in a parking lot or within 1,000 feet of where the closed container of alcohol was purchased;
- Prohibiting anyone from drinking in public parks unless there is a special event with proper permits going on;
- Prohibiting a passenger or driver from having an open container of alcoholic beverages anywhere in the passenger area of the vehicle.
Contact an Experienced Attorney
If you or a loved one is involved in an alcohol-related accident in Las Vegas, Nevada, and suffers injuries, a personal injury lawyer can help fight for monetary compensation. Injuries from accidents can cause financial distress, debilitating symptoms, and have long-term impacts. The experienced attorneys at H&P Law will give you the legal support you need and fight for the best result possible.
