⚖ Violation Reference
Open Container of Alcohol
NYC Administrative Code § 10-125 · Public Order
Legal information only — not legal advice. B-Legal is not a law firm and use of this site does not create an attorney-client relationship. Consult a licensed attorney before acting.
Overview
Drinking or possessing an open container of alcohol in a public place (street, sidewalk, public transit, park unless permitted). NYC Parks Dept may issue separate violations for park-specific violations.
Fine Range
$25–$100
Surcharge
$88 criminal court surcharge if summons
How to Contest
- Appear at NYC Criminal Court on the return date
- Request an adjournment in contemplation of dismissal (ACD) if first offense
- Challenge whether location was truly 'public'
- Present proof of a permit if in a permitted area
Common Defenses
- Location was private property
- Container was sealed
- Lack of knowledge of contents
- First offense — ACD eligible
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →