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Drinking Alcohol in a public place in Florida

Drinking Alcohol in a public place in Florida

Old Jun 8th 2011, 12:56 am
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Default 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.
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Old Jun 8th 2011, 1:00 am
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Default 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.
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Old Jun 8th 2011, 1:06 am
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Default 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.
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Old Jun 8th 2011, 2:09 am
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Default 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.

Last edited by penguinsix; Jun 8th 2011 at 2:13 am.
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Old Jun 9th 2011, 7:57 pm
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Default Re: Drinking Alcohol in a public place in Florida

Very helpful. Thank you everyone.
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Old Jun 10th 2011, 5:02 am
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Default Re: Drinking Alcohol in a public place in Florida

Originally Posted by paulward50 View Post
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.
"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.

Last edited by frrussre; Jun 10th 2011 at 5:07 am.
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Old Jun 10th 2011, 6:02 am
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Default Re: Drinking Alcohol in a public place in Florida

Originally Posted by frrussre View Post
"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/
...
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
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Old Jun 10th 2011, 12:41 pm
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Default Re: Drinking Alcohol in a public place in Florida

land of the free.
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Old Jun 10th 2011, 2:02 pm
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Default Re: Drinking Alcohol in a public place in Florida

Originally Posted by Manc View Post
land of the free.
Drinking in the streets is hardly a human or civil right.
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Old Jun 10th 2011, 2:44 pm
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Default Re: Drinking Alcohol in a public place in Florida

Originally Posted by paulward50 View Post
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.
Why, do you fancy wandering the streets of Tampa like a wino or something? 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.
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Old Jun 10th 2011, 8:15 pm
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Default Re: Drinking Alcohol in a public place in Florida

Originally Posted by Leslie View Post
Drinking in the streets is hardly a human or civil right.
far more important than being able to galavant around with a gun though
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Old Jun 10th 2011, 8:36 pm
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Default Re: Drinking Alcohol in a public place in Florida

Originally Posted by Bob View Post
far more important than being able to galavant around with a gun though
if only they'd enshrined the right to plein air drinking.
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Old Jun 10th 2011, 8:57 pm
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Default Re: Drinking Alcohol in a public place in Florida

Originally Posted by Bob View Post
far more important than being able to galavant around with a gun though
It should be illegal to carry anything ever anywhere. That covers all possibilities.
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Old Jun 10th 2011, 9:10 pm
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Default Re: Drinking Alcohol in a public place in Florida

Originally Posted by Leslie View Post
Drinking in the streets is hardly a human or civil right.
Way to go there, Carrie Nation!
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Old Jun 10th 2011, 11:39 pm
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Default Re: Drinking Alcohol in a public place in Florida

Originally Posted by Dan725 View Post
Why, do you fancy wandering the streets of Tampa like a wino or something? 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.
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.
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