"Open Container" Laws in Nevada
(NRS 484B.150)


Definition

An open container is a bottle or can of alcohol that has been unsealed. Nevada state and local laws dictate when and where people may carry open containers of alcohol:

Nevada Locations General Open Container Laws

The Strip

Pedestrians may walk in with plastic, paper, or aluminum open containers (though aluminum is banned during some special events). Glass is always illegal.

Downtown Las Vegas

Pedestrians may walk with paper, plastic, or aluminum open containers, but they must have been purchased from venues with “tavern” licenses. On the Fremont Street Experience, open glass and aluminum containers are always illegal.

Moving vehicles and public transportation

It is unlawful for drivers or passengers to drink or possess open containers of alcohol in a vehicle. An exception is passengers in licensed limos and party buses.

It is also illegal to have an open container within 1,000 feet of the store from which alcohol was purchased in closed containers.

And in Las Vegas's incorporated city limits (which does not include the Strip), it is illegal to have an open alcohol container at a bus stop or within 1,000 feet of a church, synagogue, school, hospital, special care facility, withdrawal management facility, or homeless shelter.

Penalties

Violating Nevada's open container laws is a misdemeanor. The police officer typically issues a citation carrying a fine of a few hundred dollars. 

The Nevada DMV may add 2 demerit points to defendants' licenses if they are caught driving with an open container in their car. The penalty increases to 5 points if they are caught drinking while driving.

Defenses

Possible strategies to fight open container charges include arguing that:

  1. The location permitted open containers;
  2. The container was not open; and/or
  3. The container did not contain alcohol

In many cases, the D.A. is willing to plea bargain the case down to a lesser offense or a dismissal.

In this article our Las Vegas Nevada criminal defense attorneys discuss:

Beer
Las Vegas has very strict open container laws.

1. What are open containers of alcohol in Nevada?

The legal definition of an "open container" of alcohol is when the container has been opened or when the seal has been broken. Examples include:

An empty, open bottle of alcohol on its side with the bottle cap nearby.
Open containers are regulated by local ordinance rather than state law in Nevada.
  • a bottle of liquor where the cap has been popped or unscrewed,
  • a bottle of wine that has been corked, and
  • a can of beer where the tab has been opened

Note that an open container of alcohol can never be closed again: It is still considered "open" if the cap or cork was put back on the container. Even containers that no longer have any alcohol in them are still considered open.

Note that open containers do not include "beer-footballs" and plastic cups.1

2. Open container laws for pedestrians in Nevada.

There are no state laws regulating whether pedestrians may hold open containers of alcohol, so local municipal codes set out the rules. The rules, in turn, depend on the location and where the alcohol came from. 

2.1. Incorporated Las Vegas (including Downtown):

Incorporated Las Vegas is a small area of Las Vegas that includes the Downtown area but does not include the Las Vegas Strip. The Las Vegas Municipal Code governs its open container laws.  

It is illegal to have an open container of alcohol in the following four areas of incorporated Las Vegas:

  1. On the property or parking lot of a package store or other store licensed to sell alcohol; or
  2. Within 1,000 feet of a package store or other store licensed to sell alcohol (with the exception of on residential property); or
  3. Upon property (other than residential property or property licensed for a special event) located within 1,000 feet of a church, synagogue, public or private school, hospital, special care facility, withdrawal management facility, or homeless shelter; or
  4. At any bus stop bench, bus stop shelter, or at the Downtown Transportation Center.

Since it is unlawful to have an open container within 1,000 feet of a packaged liquor store in incorporated Las Vegas, virtually every sidewalk from the Fremont East District to Main Street is off limits for possessing an open container of packaged liquor.2 And it is now illegal on the Fremont Street Experience to carry liquor in an open glass or aluminum container at all.3

The Freemont Street Experience in downtown Las Vegas.
Aluminum and glass containers are banned in the Fremont Street Experience.

North Las Vegas criminal defense attorney Neil Shouse gives an example of how location is the determining factor of whether an open container law has been broken:

Example: Anna buys a bottle of beer from the Downtown Grand casino. She then begins walking home with the beer in hand. If she opens the can while still near Downtown, a cop could cite Anna for an open container because it is within 1,000 of a package store. But if she opens the can near her home, where there is nothing but other residential houses within 1,000 feet, she is breaking no law.

Many people have no idea what types of businesses are within a 1,000-foot radius of them; therefore, it is recommended that people do not have open containers on city streets in incorporated Las Vegas. They can avoid police citations by waiting until they get home or are inside a casino or tavern.

2.1.1. Drinking in public in Downtown Las Vegas

Carrying alcohol in a plastic or aluminum container in Downtown Las Vegas is legal if the drink was bought from one of the large casinos. (Remember that open aluminum containers are not allowed on Fremont Street.) These large casinos carry "tavern licenses," which permit its liquor to be taken off premises... 

However cops might not believe that the person bought the drink from a large casino and may cite him/her anyway; therefore, patrons should keep the receipt on their person as proof. (Some examples of these large casinos with tavern licenses include Binion's, the El Cortez, and the Golden Nugget.)

Most of the bars and restaurants in Downtown have "tavern-limited" licenses, which means that the patrons may not take the liquor off the premises onto the street. So cops who see pedestrians leave a bar with a drink may cite them for leaving the premises.4 (Some examples of these Downtown Las Vegas bars with tavern-limited licenses include Insert Coin(s) and Vanguard.)

2.1.2. Special Events in Incorporated Las Vegas

The City of Las Vegas imposes special rules during New Year's, July Fourth, or other special events where more than one thousand spectators are expected. It is unlawful to possess or consume alcohol in a glass or metal container during the following times:

  • from 6:00 P.M. on December 31st to 6:00 A.M. on January 1st of each year;
  • from 6:00 P.M. on July 4th to 6:00 A.M. on July 5th of each year; and
  • from two (2) hours before the start of the special event and ending two (2) hours after the special event is over (except if the event takes place on the Pedestrian Mall)5

2.2. Unincorporated Clark County (including the Las Vegas Strip):

The rest of Clark County has slightly laxer open container restrictions than incorporated Las Vegas. Unincorporated Clark County includes the Strip, which expands across the towns of Winchester and Paradise, Nevada. The Clark County Code governs its open container laws. 

In unincorporated Clark County, it is always illegal to have open containers of alcohol in the following three locations:

  1. Within 1,000 feet of the store from which liquor, beer, and wine was purchased in closed containers, except on residential property; or
  2. In any parking lot; or
  3. On the property or premises of the establishment from which the closed container of liquor, beer, or wine was purchased.

Therefore there is no prohibition in unincorporated Clark County against having an open container in close proximity to a school, house of worship, or hospital.6

With regard to public Clark County parks (such as Sunset Park), it is illegal to have an open container of alcohol in or on parking lots, playground areas, roadways, or swimming pools or at any youth athletic event. Otherwise, it may be legal to drink from non-glass open containers of alcohol in properly designated areas or when associated with county permitted events.7

Finally, operators of pedicabs in unincorporated Clark County may not permit open containers of alcohol in pedicabs.8

Three young men holding bottles of alcohol against a blue sky.
Glass containers are prohibited on the Strip.

2.2.1. Drinking in public on the Strip

Generally, it is lawful to walk the Las Vegas Strip carrying alcohol in open containers of either:

  • aluminum,
  • plastic, or
  • paper

But it is currently illegal to walk the Strip with a glass container irrespective of whether it holds an alcoholic beverage or not. The only time it is legal to carry a glass beverage is if the container is closed and in a paper or plastic bag with the receipt attached.9

2.2.2. Special Events in Unincorporated Clark County

Clark County law prohibits glass or aluminum containers on any public street temporarily closed to traffic -- including the Strip south of Sahara Avenue and north of Sunset Avenue --  during the following times:

  • from 6:00 P.M. on December 31st to 6:00 A.M. on January 1st of each year;
  • from 6:00 P.M. on July 4th to 6:00 A.M. on July 5th of each year; and
  • from two (2) hours before the start of a special event and ending two (2) hours after the special event is over 

Glass and aluminum containers are also banned in Laughlin on Casino Drive between State Route 163 and Needles Highway from:

  • 12:00 P.M. on the Thursday preceding the last Sunday in April to 6:00 A.M. of the last Sunday in April.10

2.3. City of Reno

Reno municipal law bans open containers on public streets with one exception. Certain outdoor special events such as Hot August Nights are temporarily considered "beer gardens." In a beer garden, drinking from open containers is legal.11

3. Open container laws for vehicles in Nevada.

Generally, it is unlawful throughout all of Nevada to have an open container of alcohol in a car while on a road or highway. It does not matter if the container is out of reach of the driver, or if a passenger is holding the container.12

In Las Vegas, it is legal to keep open containers of alcohol in a vehicle's trunk. And if there is no trunk, it is legal to keep open containers in a glove compartment or utility compartment.13 Henderson criminal defense attorney Michael Becker illustrates these laws with an example:

Example: Daniel and his three friends go out to Mirage one night. Daniel is the designated driver. After dropping off his friends, Daniel is pulled over for a broken tail light. The cop then notices an open beer can in the backseat that belonged to one of his friends. The cop then cites Daniel for having an open container in his car.

In the above example, it does not matter that Daniel never drank out of the beer can. Nor does it matter that the alcohol is in the back seat out of reach of Daniel, or that Daniel did not realize the beer was in his car. Merely having an open container of alcohol in a car is a criminal offense in Nevada. Had the friend put the beer can in the trunk, then Daniel could have escaped prosecution.

A hand holding a bottle of alcohol while the other hand is on the wheel of a car driving.
Nevada law prohibits driving from having "open containers" of alcohol in the car (except trunks).

3.1. Open container laws for cabs, ride-sharing, trailers, and public transportation

Nevada law does not prohibit open containers of alcohol in the following types of vehicles:

  1. the living quarters of a house coach or house trailer;
  2. taxis -- ride-sharing vehicles like Uber or Lyft are not considered taxis; therefore, their occupants may not have open containers;
  3. limos -- in incorporated Las Vegas, limos must have a partition between the driver's seat and the passenger area of the car in order for passengers to lawfully have an open container; and
  4. shuttles or buses used primarily for the transportation of people for a fare (including "party buses")

Private transportation companies may impose their own rules prohibiting their clients from having alcohol in their vehicles. 14 And it is always illegal for the drivers of trailers, house coaches, cabs, shuttles, or buses to be drinking or to be in possession or control of an open container of alcohol. 15

Note that the Las Vegas Monorail and Regional Transportation Commission (RTC) buses have a no open container policy.16

4. What are the penalties for Nevada open container offenses?

Police usually issue citations with fines (similar to speeding tickets) for open container violations. It is very rare for defendants to face jail time unless they have a lengthy criminal history.

Open Container of Alcohol offenses in Nevada Penalties

Unlawfully possessing an open containers in incorporated Las Vegas (including Downtown)

Misdemeanor:

  • $64017

Unlawfully possessing an open containers in unincorporated Las Vegas (including the Strip)

Misdemeanor:

  • $250, and/or
  • 30 days in jail18

Unlawfully drinking from or possessing an open container in a vehicle in incorporated Las Vegas (including Downtown)

Misdemeanor:

  • $640, and
  • driver's license demerit points (2 points for possessing, or 5 points for drinking)

Penalties may be as much as doubled if the incident occurred in a work zone.19

The defendant's automobile insurance company may also increase the premium payments.

Unlawfully drinking from or possessing an open container in a vehicle in unincorporated Las Vegas (including the Strip)

Misdemeanor:

  • up to $1,000, and/or up to 6 months in jail, and
  • driver's license demerit points (2 points for possessing, or 5 points for drinking)

Penalties may be as much as doubled if the incident occurred in a work zone.20

The defendant's automobile insurance company may also increase the premium payments. 

Note that if a police officer pulls over a car and sees an open alcohol container, in practice the officer will typically cite either the driver or the person closest to it.

4.1. Penalties for related offenses

Depending on the situation, people cited for violating Nevada's open container laws may also face charges for the following:

Nevada Alcohol offenses Penalties

DUI (driving while impaired or with a blood alcohol level of 0.08% or higher)

Misdemeanor (for a first-time offense with no injuries):

Underage drinking (ages 18 to 20)

Misdemeanor:

  • up to $1,000 in fines, and/or
  • up to 6 months in jail22

Underage drinking (under age 18)

Delinquency judgment:

  • Up to $1,000, and/or up to 6 months in juvenile detention
  • a medical evaluation of whether the child is an addict, and
  • rehab (if the child is deemed an addict), and
  • a 90-day to 2-year driver's license suspension

The judge typically orders community service instead of incarceration.23

Disorderly conduct

Misdemeanor:

  • up to $1,000 in fines, and/or
  • up to 6 months in jail24

Note that underage people may not carry an open container even if they are not drinking from it.

Also, note that public intoxication is not a crime in Nevada.

Finally, note that licensed merchants may sell -- and patrons may purchase -- alcohol seven days a week, twenty-four hours a day in Las Vegas.

5. What are the defenses to Nevada open container charges?

Three women holding drinks in front of a casino awning.
Having an open container of alcohol in Nevada usually carries a criminal fine.

The most common defense to "open container" charges is that the police was mistaken about the location or type of container involved. Therefore the case should be dropped if the prosecutor cannot prove that:

  1. The alcohol was in a prohibited location;
  2. The container was open; and/or
  3. The container contained alcohol

It is not a defense that the defendant was not personally drinking from the container. Las Vegas's open container laws pertain both to drinking from open containers as well as to possessing open containers.

Even though open container citations are minor, defendants are encouraged to fight the case. This is especially true in cases for driving with an open container, which is a moving violation that carries demerit points... 

Defendants usually do not have to appear in court as long as they hire an attorney. And in many cases, a defense attorney can persuade the prosecutor to drop the charges to a non-moving violation carrying no demerit points or insurance consequences.  

6. Can I get an open container case sealed in Nevada?

An open container conviction may be sealed one (1) year after the case ends. If the case ends in a dismissal, the record may be sealed right away.25

7. Is having an open container deportable?

No. An open container violation is not a deportable offense for legal aliens. Note that undocumented immigrants can be deported at any time, whether they allegedly committed a crime or not.

No matter the offense, any non-citizen facing criminal charges is encouraged to consult with an experienced attorney. Learn more about the criminal defense of immigrants in Nevada

8. Marijuana open container laws in Nevada.

Nevada recently legalized the possession of recreational marijuana of up to one ounce (1 oz.), but only in private residences. Therefore, a person who smokes or otherwise consumes marijuana in a public place, in a retail marijuana store, or in a moving vehicle faces a misdemeanor citation carrying a $600.26

Drivers are advised to store their marijuana in a sealed bag locked away in the trunk or glove compartment.

Male receptionist waiting for your call.
Call our Las Vegas criminal defense attorneys at 702-DEFENSE for a FREE consultation.

Cited for "open containers"? Call an attorney...

Have you been arrested for "driving with an open container" or cited for "walking with an open container" in Nevada? Then call our Las Vegas criminal defense attorneys for a free consultation at 702-DEFENSE (702-333-3673). We may be able to get the charge dismissed and keep your record clean.

Arrested in California? Go to our article on California open container laws | Vehicle Code Sections 23221 - 23229 VC.

Arrested in Colorado? Go to our article on Colorado open container laws.


Legal References:

  1. NRS 484B.150 ("'Open container' means a container which has been opened or the seal of which has been broken.").
  2. LVMC 10.76.010 Prohibited—Where.

    (A) At any of the following locations, it is unlawful for any person to drink an alcoholic beverage or to possess an open container of alcoholic beverage which was purchased in an original sealed or corked container:

    (1) Upon any premises, including the parking lot, of an establishment which is licensed to sell alcoholic beverages on an off-sale basis;

    (2) Upon property, other than residential property, located within one thousand feet of an establishment which is licensed to sell alcoholic beverages on an off-sale basis; or

    (3) Upon property, other than residential property or property designated in time-limited special event licenses issued pursuant to LVMC Chapter 6.50, located within one thousand feet of a church, synagogue, public or private school, hospital, special care facility, withdrawal management facility or homeless shelter.

    (B) The distances referred to in Subsection (A) shall be determined with reference to the shortest distance between the point of consumption or possession of an open container of alcoholic beverage and the nearest portion of any of the designated structures without regard to intervening obstacles.

    (C) For purposes of this Section, "off-sale basis" means the sale of alcoholic beverages in original sealed or corked containers for consumption off the premises where the same are sold.

    LVMC 10.84.020 Consumption and possession of alcoholic beverages.

    It is unlawful for any person to consume an alcoholic beverage or to possess an open container of alcoholic beverage at any bus stop bench, bus stop shelter or at the Downtown Transportation Center.

  3. Jane Ann Morrison, Las Vegas council bans glass, aluminum liquor containers at Fremont Street Experience, Las Vegas Review-Journal (June 18, 2014).
  4. See Alcohol Licenses General Information, City of Las Vegas; Joe Schoenmann, A guide to downtown Las Vegas' open container laws, Las Vegas Sun (March 30, 2014).
  5. See LVMC 10.76.020 Special events.

    (A) For any special event that will take place on New Years Eve, the fourth of July or at any other time at which more than one thousand spectators or participants are expected to attend, it is unlawful for any person to possess or consume an alcoholic beverage in any glass or metal container during any of the following times if the producer or promoter has complied with the provisions of Subsection (B) of Section 6.78.045:

    (1) Between the hours of 6:00 P.M. on December 31st and 6:00 A.M. on January 1st of each year.(2) Between the hours of 6:00 P.M. on July 4th and 6:00 A.M. on July 5th of each year.(3) During the period of time beginning two hours before the start of the special event and ending two hours after the special event is over.

  6. CCC 12.35.010 Unlawful—Where.

    The drinking of any intoxicating liquor or any fermented malt beverage or the possession of any open container which contains an intoxicating liquor or fermented malt beverage is unlawful in the following places:

    (A) Within one thousand feet of the store from which liquor, beer and wine was purchased in closed containers, except on residential property;

    (B) In any parking lot;

    (C) On the property or premises of the establishment from which the closed container of liquor, beer or wine was purchased.

    See CCC 8.20.020.325 Retail beer and wine license.

    (a) A "retail beer and wine license" permits the sale of beer and wine in open containers for consumption on the licensed premises only, unless otherwise permitted in this section.

    (b) Retail beer and wine service is permitted in a billiard parlor, a karaoke club, wine cellar business, a restaurant and a category 2 restaurant, unless there is a drive-thru or walk-up window, or in a hospital where service of beer or wine is complimentary and in conjunction with the birth of a child or other similar special event.

    (c) A retail beer and wine license shall not be issued in conjunction with a service bar license at the same licensed premises, except to resort hotel licensees. However, the license of a licensee who was granted a retail beer and wine license and a service bar license prior to June 1, 1997, at the same licensed premises, may be renewed if the location does not remain without that combination of licenses for a period of six consecutive months.

  7. CCC 19.04.030 Prohibited conduct generally.

    Within the limits of any public county park, it shall be unlawful for any person or persons to do any of the following acts hereinafter specified:

    (f) To sell or offer for sale any merchandise, article or thing whatsoever without approval of the county commission; provided, that nonprofit organizations may sell or offer for sale any food, nonalcoholic or alcoholic beverages, merchandise, article or thing with approval of the director of the Clark County department of parks and recreation; and provided, that any person or organization with a reservation for the use of a parks and recreation special facility may sell or offer for sale alcoholic beverages with a license issued under Chapter 8.20 and with approval of the director;

    (g) To consume any alcoholic beverage or possess an open container containing any alcoholic beverage in or on parking lots, playground areas, roadways, or swimming pools or at any youth athletic event;

    (h) To consume any alcoholic beverage or possess an open container containing any alcoholic beverage except in properly designated areas, or when associated with county permitted events and only if the container is a non-glass container.

  8. CCC 7.50.200 Prohibited acts.

    It is unlawful:

    (g) For any operator of a pedicab to consume or allow to be consumed any type of liquor/alcoholic beverage in a pedicab; and

    (h) For any operator of a pedicab to allow the possession of any open container of any type of liquor/alcoholic beverage in a pedicab.

  9. Shine, Conor, "Glass bottles no longer allowed on Las Vegas Strip," Las Vegas Review-Journal (Sept. 16, 2014).

  10. CCC 12.43.020 Possession—Unlawful where and when.

    It is unlawful for any person to be in possession of any glass or aluminum container which is fit for beverage purposes or intended for beverage purposes:

    (a)While on any public street that is temporarily closed to vehicular traffic, including Las Vegas Boulevard, south of Sahara Avenue and north of Sunset Avenue, and the sidewalks bordering such public street during the following times:

    (1) Between the hours of six p.m. December 31st and six a.m. January 1st of each year;

    (2) Between the hours of six p.m. July 4th and six a.m. July 5th of each year; and

    (3) Between the hours beginning two hours before and ending two hours after any special event as defined in Section 12.43.010; and

    (b) While on Casino Drive in the township of Laughlin between State Route 163 and Needles Highway during the following times: between the hours of 12:00 noon on the Thursday preceding the last Sunday in the month of April and 6:00 a.m. of the last Sunday in the month of April of each year.

  11. RMC Sec. 8.12.033 - Drinking or possessing an open container in a public place prohibited.

    (a) For purposes of this section and section 8.12.035, "open container" is defined as any vessel filled or partially filled with an alcoholic beverage, including but not necessarily limited to, bottles or cans purchased at retail that have been opened, had the seal broken or had the contents partially removed, cups, glasses, flasks, and any other vessel manufactured for or used to contain alcohol if, based upon a police officer's experience, the officer concludes the vessel contains alcohol.

    (b) Except as permitted in section 8.12.035 or section 8.23.120, a person shall not consume any alcoholic beverage while upon any public property or facility held out to the public's use or any place where the public is likely to congregate.

    (c) Except as permitted in section 8.12.035 or section 8.23.120, a person shall not have in his possession any open container of alcoholic beverage with the intent to consume said alcoholic beverage while upon any public property or facility held out to the public's use or any place where the public is likely to congregate.

    (d) Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this section.

    (e) Penalties. Any person convicted under this section shall be punished for a misdemeanor.

    RMC Sec. 5.07.046. - Signage required.

    The licensee of an establishment where alcohol is sold for consumption on the premises shall post a sign at all publicly-used exits of the establishment notifying patrons that it is unlawful to consume alcohol or to possess an open container of alcohol upon public property. The sign shall identify the ordinance that prohibits such consumption or possession (RMC 8.12.033, as amended), shall notify that a person violating such ordinance may be fined up to $1,000.00, may be punished by imprisonment in jail up to six months or may be both fined and imprisoned. The sign shall be posted so that it is clearly visible to patrons exiting the business.

    RMC Sec. 8.12.035. - Drinking or possessing an open container during a special event.

    (a) A person may consume an alcoholic beverage or have in his possession an open container while attending a special event which has been permitted pursuant to Title 5, provided however, the person is physically within the boundaries of the event and the open container complies with the terms of the special event alcohol permit issued therefor.

  12. NRS 484B.150 Drinking alcoholic beverage while driving motor vehicle unlawful; open container of alcoholic beverage; additional penalty for violation committed in work zone.

    1. It is unlawful for a person to drink an alcoholic beverage while the person is driving or in actual physical control of a motor vehicle upon a highway.

    2. Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to:

    (a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation; or

    (b) The living quarters of a house coach or house trailer,

    --> but does apply to the driver of such a motor vehicle who is in possession or control of an open container of an alcoholic beverage.

    3. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.130.

    4. As used in this section:

    (a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

    (b) “Open container” means a container which has been opened or the seal of which has been broken.

    (c) “Passenger area” means that area of a vehicle which is designed for the seating of the driver or a passenger.

    NRS 484B.150 Open containers—General.

    Except as otherwise provided in LVMC 11.14.070, it is unlawful for any person, while in a motor vehicle on a highway or upon a premises to which the public has access, to knowingly possess any bottle, can or other receptacle containing any detectable amount of alcoholic beverage which has been opened or the seal broken, or the contents partially removed.

  13. LVMC 11.14.060 Open containers—Storage.

    (A) Except as otherwise provided in Subsection (B) of this Section or in LVMC 11.14.070, it is unlawful for the registered owner of any motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in that vehicle, when it is upon any highway, any bottle, can or other receptacle containing any detectable amount of alcoholic beverage which has been opened or the seal broken, or the contents partially removed.

    (B) The prohibition contained in Subsection (A) of this Section does not apply if the receptacle is kept in the trunk of the vehicle or, if the vehicle is not equipped with a trunk, in some other area of the vehicle not normally occupied by the driver or passengers. For purposes of the preceding sentence, a utility compartment or glove compartment shall be deemed to be within the area normally occupied by the driver and passengers.

  14. CCC 12.35.020 Open containers unlawful in motor vehicles.

    (A) It is unlawful for a person to have in his or her possession, or on his or her person, while in a motor vehicle upon a highway, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.

    (B) It is unlawful for the registered owner of any motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the motor vehicle is upon any highway, any bottle, can or other receptacle containing any alcoholic beverage which has been partially removed, unless the container is kept in the trunk of the vehicle or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.

    (C) Subsections (A) and (B) of this section do not apply to a motor vehicle operated by a common carrier, taxicab, limousine, bus or other motor vehicle used to carry passengers for furtherance of commercial enterprise, or the living quarters of a motorhome, housecar or camper.

    (D) "Alcoholic beverage," as used in this section, means beer, wine, spirits and alcohol, as those products are defined in Clark County Code Section 8.20.020 and every liquid containing one-half of one percent or more of alcohol by volume which is used for beverage purposes.

    (E) "Highway," as used in this section, means the entire width between the boundary lines of every way dedicated to a public authority when any part of the way is open to the use of the public for purposes of vehicular traffic, whether or not the public authority is maintaining the way.

    LVMC 11.14.070 Open containers—Exceptions. The provisions of LVMC 11.14.050 and 11.14.060 do not apply to:

    (A) A motor vehicle operated by a common carrier or used to carry passengers for furtherance of a commercial enterprise;

    (B) A motor vehicle that is operated as part of a duly licensed limousine service and that has a partition between the driver's seat and the passenger seats; or

    (C) The living quarters of a motorhome, camper or recreational vehicle, as those terms are defined in NRS Chapter 482.

  15. NRS 484B.150.

  16. Passenger Code of Conduct Policy, RTC.
  17. See Las Vegas Vehicle Codes 5738 (open containers at bus shelters), 9568 (open containers at playgrounds), 5499 (glass beverages at parks), 5504 (violating park alcohol rules), and 5741 (glass or metal containers at the Pedestrian Mall).

  18. CCC 12.43.030 Violation—Penalty.

    A violation of this chapter shall be punished by a fine not exceeding two hundred fifty dollars or imprisonment for a term not exceeding thirty days, or by any combination of such fine and imprisonment.

  19. Las Vegas Vehicle Codes 1113 (open alcoholic container in vehicle) and 1107 (drinking intoxicating liquor while driving).

  20. NRS 484B.150; NRS 484B.130 ("The additional penalty imposed ... must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service; Nevada DMV Vehicle Code for drinking alcohol while operating a vehicle: Vehicle Code 501, ACD Code A26.

  21. NRS 484C.110.
  22. NRS 202.020.
  23. NRS 62E.620.
  24. CCO 12.33.010; NRS 203.010.
  25. NRS 179.145; NRS 179.155.
  26. NRS 453D.400.

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Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370