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Do open container laws in the U.S. apply to non-alcoholic beers? (Open container laws do vary from state to state but there may be a general consensus on definitions, e.g. the definition of "an alcoholic beverage." Focusing on the most populous states, California, Texas, New York, and Florida may be a good estimator of widely-applicable laws.)

I'm not looking for speculation (however logical) e.g. "Non-alcoholic beers still have alcohol and are therefore subject to the same laws," or "Non-alcoholic beers can't be purchased by minors, therefore [...]," only citations of state laws or on-the-record statements by law enforcement officials.

Andrew Cheong
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    I think this is too broad of a question. "Open container" itself may refer to different things, as the wikipedia article you cite seems to differentiate between "in public" and "in a vehicle". And frankly, I think it's a little dangerous to make a country-wise consensus based on a couple of states. I see value in the question, however, so I think this should be broken into multiple questions. – object88 Jan 28 '14 at 18:13
  • Every state in the US has different laws. You should ask about a single state, not all states or a random collection of states. – freiheit Jan 28 '14 at 18:40
  • @object - Yet, I don't think there's a need for separate questions about "Open container" in public versus in a vehicle—I think one question can cover a few variants without being "too broad." I do agree that one can't generalize from states to the nation—but that is why I phrased my question, "a good estimator." I wondered if perhaps all states adhered to some federally definition of "an alcoholic beverage," in which case open container laws would indeed have similar interpretations. – Andrew Cheong Jan 28 '14 at 19:08
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    Regional. If we allow this, then presumably we could allow the similar question for every other country in the World. – mdma Jan 28 '14 at 23:55
  • @mdma - I agree. (VTC'ed my own question for the same reason.) – Andrew Cheong Jan 29 '14 at 20:00

1 Answers1

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In California, it only applies to alcoholic beverages.

California Vehicle Code 23223:

Possession of Open Container in Motor Vehicle

(a) No driver shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.

(b) No passenger shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.

freiheit
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    This doesn't full answer the question. Presuming that California law conforms to federal rules, the laws "Apply to all open alcoholic beverage containers and all alcoholic beverages, including beer, wine, and spirits that contain one-half of one percent or more of alcohol by volume" (see the linked Wikipedia article above), which would cover much "NA" beer. But as I commented above, "open container" covers more ground than just vehicles. – object88 Jan 28 '14 at 18:46
  • @object88 Once you get off of the California roads, you get into *individual municipalities* and even specific areas within those municipalities. I know that in my area of California, certain areas of certain cities allow any open container, other areas don't allow glass containers (whether beer or soda), etc. Limit the scope of the question to make it answerable. – freiheit Jan 28 '14 at 18:49