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Is brown bagging illegal?

It's illegal in most of the United States to have an open container of alcohol on the street. People do drink in public with their bottle in a brown bag, but this is really no protection against an open container ticket. I know people who have been cited while drinking beer from brown bags.



The term "brown bagging" can refer to two different activities: drinking alcohol in public and bringing your own liquor into a restaurant. In the context of public consumption, drinking from a brown paper bag is not a legal shield; in most U.S. states and cities, it is illegal to consume alcohol or possess an open container in public spaces like sidewalks or parks, regardless of whether it is covered by a bag. In fact, using a bag often signals to law enforcement that the beverage is alcoholic. In the restaurant context, "brown bagging" refers to the practice where patrons bring their own liquor into an establishment to mix with "setups" provided by the venue. This practice is regulated at the state and local level. For example, in North Carolina, brown bagging was legalized in 1967 and requires a specific permit from the ABC Commission. In other jurisdictions, it may be strictly prohibited unless the establishment holds a specific BYOB (Bring Your Own Bottle) license. Always check local municipal codes, as violating these "open container" or licensing laws can lead to fines, citations, or the confiscation of the alcohol.

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