The Law Office of Ryan N. Yadav, LLC

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Local Open Container Laws

Posted June 9, 2010Information

Hello, and welcome to the blog for the Law Office Ryan Yadav!  I hope that you will look around my site to learn more about who I am and what I do.  As stated elsewhere on this website, I am originally from Seminole County and have recently returned to open up shop here amongst old friends and family.  I do want to caution that I am providing general facts on various legal topics via my blog, and for more extensive information regarding a unique situation or issue, please feel free to call or email.  My office contact number is 407-474-1959 and my email is ryan@yadavlaw.com.  I can then personally meet with you regarding your concern.   

Due to the official kickoff of summer occurring a few weeks ago on Memorial Day, I’d like to address the issue of open containers.  Living in Florida, many of us choose to enjoy our free time on the water, at the beach, or at other outdoor venues.  Remember, consuming alcoholic beverages off the premises of a licensed vendor transforms your drink into an “open container”.  Florida statutes defines an “open container” as any container that is capable of being immediately consumed from, or where the seal is broken (Florida Statutes).  While this can encompass various states of “open”, just be aware that an officer may arrest you when you are consuming or about to consume an alcoholic beverage in a place where they aren’t allowed.   

In Volusia County ( New Smyrna, Daytona, Ormond or elsewhere) the law prohibits having alcoholic beverages on the beach, whether the intent is to drink or sell those beverages (Volusia County Code of Ordinances).  Further, glass bottles are also prohibited outside of one’s vehicle, whether they contain alcohol or not.  While we’re on the subject of enjoying summer and the various holidays occurring then, all fireworks, except sparklers, are prohibited on Volusia County beaches per the County Code of Ordinances. 

 

In Seminole County, a person is holding an “open container” when there is at least 1% of alcohol, in a container with a broken seal, whether they are physically holding it or standing near enough to drink it (Seminole County Code of Ordinances).  However, you are not violating open container laws if you are the resident or guest of private residential property or at a block party or other sanctioned events. 

In addition, open container ordinances do not apply to passengers on a boat, but please remember Florida boating under the influence laws (BUI’s) are strict and the boat operator must not have a breath alcohol content of .08 or higher. 

I hope you take advantage of the season and the beauty of Central Florida, while also remaining safe and on the right side of the law!  However, should any accident, arrest, or citation occur, do not hesitate to contact me for a free legal consultation!  

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