What are the NYC laws on an open container in public?

It violates NYC Administrative Code 10-125 to have an open alcoholic beverage ( > %0.5 ABV) in any area where the ‘public may congregate’ (important)


Licenses for events such as block parties and for restaurants that have street seating are exempt but I’m sure that opens up another set of rules anyway. I guess to break down my question, is it illegal for me to sit on my stoop, away from the sidewalk, and drink a beer? The answer to that is ‘yes’. “The law defines it as an area “to which the public or a substantial group of persons has access, including, but not limited to a sidewalk, street or park.”” [brownstoner]. Apparently ‘private property’ does not denote ‘area where the public may NOT congregate’. This is obviously a grey area and can probably be contested to some extent but the laws seem to be quite broad and give both the officer a chance to interpret them one way and the drinker to interpret them another. Well, at least pretty much everyone in NYC does it.

What Are The NYC Laws On An Open Container In Public

Reason For Asking:

I sometimes enjoy a beer on my stoop but I generally hide it for fear of getting a summons.

Source: NYC Defense: Alcohol In Public
Source: Brownstoner: Alcohol In Public
Source: NY Times: Alcohol In Public