Drinking Alcohol in a public place in Florida
 

I have tried to look this up all over the internet and I'm getting very mixed answers. Can I drink a beer in a public place in Florida? What is the brown bag thing all about?

I get the open container law in a motor vehicle but what about in public???

Anyone help please.

Re: Drinking Alcohol in a public place in Florida
 

To my knowledge there is only one safe place to drink in public in Florida:

Key West

In a similar manner to New Orleans, while strictly still illegal a blind eye is turned.

Re: Drinking Alcohol in a public place in Florida
 

In most States, Cities, Towns have ordinances preventing consumption of alcoholic beverages in public places.

Jim.

Re: Drinking Alcohol in a public place in Florida
 

Public consumption of alcohol is basically illegal everywhere, if not by state law then by city ordinances. You should check the laws in your city but it is likely prohibited.

In some places there are exceptions, such as sporting events (the tailgate party) but often these exceptions are "the police looking the other way", i.e. the brown bag. Cops don't ask what is in the bag, people don't tell, and everyone goes on their way.

UPDATE: I believe this is the Tampa law:

http://library.municode.com/index.as...tename=Florida

Sec. 3-40. - Consumption and possession of open containers on streets, sidewalks, alleys and other public property.

(a)
It is unlawful for any person to consume, assist or aid another to consume any alcoholic beverage upon any street, sidewalk, alley or other public property within the city.
(b)
It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.
(1)
As used in subsection (b), "open container" means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.
(2)
An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.
(c)
Subsections (a) and (b) do not apply when:
(1)
The street, sidewalk, alley, or other public property receives a temporary or permanent alcoholic beverage special use permit pursuant to chapter 27, and if applicable section 3-41, of this Code; or
(2)
A portion of a sidewalk has been leased and permitted as a sidewalk café as provided for in chapter 22 of this Code; or
(3)
A portion of the street, connecting sidewalk or alley has been marked and/or designated as a crossing for a public golf course.

Re: Drinking Alcohol in a public place in Florida
 

Very helpful. Thank you everyone.

Re: Drinking Alcohol in a public place in Florida
 

"Himmarshee Village" Ft. Lauderdale, is an area full of Bars & restaurants. As you leave the bars, they will give you a plastic, to pour your drink in. You then can walk from place to place, with your drink.
http://www.himmarshee.com/about/

Generally NO, if in doubt don't do it.

Reg. Frank R.

Ps. "Brown Bag, is a term used to describe, street people/homeless people, drinking alcohol, from a bottle or can, hidden in a brown paper bag. Its usually always Illegal.

The nice term of Brown Bag, would be someone taking their lunch to work, in a Brown Paper Bag.

Re: Drinking Alcohol in a public place in Florida
 

Similar to Las Vegas. Most days in LV, you just walk from bar to bar (casino to casino), but on New Year's Eve, they make you pour your beer into a plastic container before you head out onto the street. Pretty civilized :)

Re: Drinking Alcohol in a public place in Florida
 

land of the free.

Re: Drinking Alcohol in a public place in Florida
 

Drinking in the streets is hardly a human or civil right.

Re: Drinking Alcohol in a public place in Florida
 

Why, do you fancy wandering the streets of Tampa like a wino or something? ;) :lol: Sod that, far too hot this time of year. I'd recommend going to a bar....much more civilized and fun, anyway!

On topic though....have you ever been to Gasparilla here (or any other publicized event?) Lots of people take coolers with them full of beer and openly drink them. Same deal with the public beaches, parks, etc - I've never seen anyone get into trouble so long as they were not acting up.

Re: Drinking Alcohol in a public place in Florida
 

far more important than being able to galavant around with a gun though :D

Re: Drinking Alcohol in a public place in Florida
 

:lol: if only they'd enshrined the right to plein air drinking.

Re: Drinking Alcohol in a public place in Florida
 

It should be illegal to carry anything ever anywhere. That covers all possibilities.

Re: Drinking Alcohol in a public place in Florida
 

Way to go there, Carrie Nation! :wub:

Re: Drinking Alcohol in a public place in Florida
 

Yeah, Iv'e been to Gasparilla and I can just about recall I was drinking outside then. I'm going to the USA v Panama football (Soccer!) game tomorrow so I'm sure we will have a few outside.

Re: Drinking Alcohol in a public place in Florida
 

I have been visiting Fl for over 30 years, living here for 5 years. Be very careful about drinking outside anywhere, not designated, i.e legal.

Some of my NY, retired cop friends, that now live in FL, describe the cops here, as Para Military.

Reg. Frank R.

Ps. Not sure, of your status in USA, tourist, GC, work or USC, but worth be that extra bit careful, when playing with State & local laws.

Re: Drinking Alcohol in a public place in Florida
 

I can understand the laws about not walking about drinking your own cans or bottles. What I don't understand is the lack of being able to enjoy a drink while dining al fresco. I don't drink myself but I know that, having lived in the UK and experienced the idea of the beer garden, DH thinks it's a pity in the summer not to be able to sit outside his favourite bar/restaurant in Cambridge, MA, with a drink.

Having said that, since the smoking inside ban DH and I have avoided drinking outside in the UK anyway. It just gets too smoky.

Re: Drinking Alcohol in a public place in Florida
 

I don't know what he's on, but there are hundreds of beer gardens in MA....they're everywhere....

Drinking on licensed premises is a bit different from having a drink while walking along the street though.

Re: Drinking Alcohol in a public place in Florida
 

Here is one in Cambridge:

http://www.yelp.com/biz/charlies-beer-garden-cambridge

Re: Drinking Alcohol in a public place in Florida
 

OK maybe he's never come across one. His favourite is Grendell's Den in Harvard Square. We tried to sit outside with a drink there and were told we couldn't if we had alcohol. It's good to know that in MA they do have beer gardens. Is this uncommon in most states?

Re: Drinking Alcohol in a public place in Florida
 

I don't know, but they've been around everywhere I've been, admittedly only in New England area.

A lot of other places, it's probably not nice sitting outside though, either the bugs or the heat, so lounging indoors with the AC makes more sense than a beer garden.

Re: Drinking Alcohol in a public place in Florida
 

You can call me a liar as I've just remembered that Mum, DH & I sat outside a place in Orlando and I'm pretty certain they had alcoholic drinks! Probably there are different types of licences and Grenell's Den doesn't have a licence to serve booze outside.

Re: Drinking Alcohol in a public place in Florida
 

Many, maybe most places, have exemptions that allow for sidewalk cafes and beer gardens. It's just there is a dividing line, often a physical barrier such as a fence that separates the bar/restaurant from the sidewalk/public place. The UK "pub spilling into the street" and walking down the pavement with an open drink is generally not allowed here.

Re: Drinking Alcohol in a public place in Florida
 

Here in NYC, it's OK to have a drink on the Long Island Rail Road - they actually have small bar carts on the platforms in Penn Station so you can get a beer or a cocktail before boarding your train.

That being said they do ban alcohol on board trains on St Patricks day - the only day of the year you can't have a drink on the train! :thumbdown:

Re: Drinking Alcohol in a public place in Florida
 

But on the Subway, you can get a ticket for eating? Rarely enforced.

Frank R.

Re: Drinking Alcohol in a public place in Florida
 

My sentiment exactly. Its illegal round here to carry alcohol(open container) except on Beale st...the local PD enforce it somewhat, but it is policed most effectively by the flying squad... better known as Mosquito's!! around here during the summer months if you meet one, you give him the respect he deserves ... you call him SIR!. as far as repellant is concerned they just treat that as gravy on the meat... really... stay inside as Bob says and enjoy the AC...