South Carolina Open Container Law: What You Need to Know
Understand how South Carolina's open container law affects daily activities, travel, and legal responsibilities across different settings.
South Carolina regulates the presence of open containers of alcohol in public and within vehicles through state laws and local ordinances. Violations can result in fines and other legal consequences. Understanding these rules is essential for residents and visitors.
Areas Where the Law Applies
South Carolina’s open container restrictions apply broadly to public spaces, although specific enforcement often relies on local rules set by counties and cities.
State law prohibits consuming alcoholic beverages in public conveyances like buses, though exceptions exist for trains and planes.1Justia Law. South Carolina Code Section 61-6-4720: Consumption of Alcoholic Liquor in Public Conveyance It also forbids possessing or consuming alcohol in publicly-owned facilities such as auditoriums or coliseums without explicit permission from the managing authorities. Many local governments supplement these state rules with ordinances banning open containers on public streets, sidewalks, parks, beaches, and parking lots to maintain public order. These combined state and local regulations define where open containers are generally disallowed outside of private homes or licensed establishments.
Open Containers in Vehicles
State law specifically addresses open containers of alcohol inside vehicles on public roads. It is illegal for anyone in a moving or stopped vehicle on a public highway to have an open container of beer or wine within the passenger area.2Justia Law. South Carolina Code Section 61-4-110: Open Containers in Motor Vehicle An “open container” includes any can or bottle with a broken seal or some contents removed.
A similar rule applies to transporting alcoholic liquors (distilled spirits). If a container of liquor has been opened, it must be transported in the trunk, a luggage compartment, or a cargo area separate from the passenger compartment.3Justia Law. South Carolina Code Section 61-6-4020: Transportation [of Liquor] in Motor Vehicle These regulations apply to both drivers and passengers in various vehicles, including cars and potentially commercial vehicles like limousines or buses operating on public highways. The core principle is that open containers of alcohol are not permitted within the accessible passenger area of a vehicle.
Penalties and Fines
Violating South Carolina’s open container laws typically results in misdemeanor charges. State law sets specific penalties for certain offenses. For example, drinking alcoholic liquor in a public conveyance or possessing alcohol without authorization in specific publicly-owned facilities like auditoriums can lead to a fine of up to $100 or imprisonment for up to 30 days.
Local ordinances prohibiting open containers in public areas like streets or parks usually carry similar penalties, often mirroring the state’s fine and jail time limits for comparable minor alcohol offenses. Associated court costs may increase the total amount due. Having an open container of beer or wine in a vehicle’s passenger compartment is also a misdemeanor, punishable by a fine up to $100 or imprisonment up to 30 days, as outlined in South Carolina Code Section 61-4-110. A similar penalty applies to improperly transporting opened alcoholic liquors under Section 61-6-4020.
Court Proceedings
Cases involving open container violations typically start in South Carolina’s Magistrate or Municipal Courts, which handle misdemeanor offenses. Law enforcement usually issues a citation, detailing the alleged violation and requiring an appearance in court.
At the initial court appearance, a judge informs the defendant of the charges and their rights. The defendant then enters a plea: guilty, not guilty, or no contest (which requires court approval and is treated like a guilty plea for sentencing). If the plea is not guilty, a trial date is set. These cases are often decided by a judge, though a defendant might request a six-person jury trial. The prosecution must prove guilt beyond a reasonable doubt, presenting evidence such as officer testimony and the container itself. The defendant has the right to challenge evidence and present their own case. The process in these summary courts aims for efficient resolution.
Exceptions to the Prohibition
South Carolina law includes specific exceptions to the general ban on open containers.
Regarding vehicles, open containers of beer, wine, or liquor are permitted if stored securely in the trunk or a luggage/cargo area separate from the passenger compartment. Passengers (but not the driver) in vehicles for hire, like taxis or limousines, may possess open containers of liquor. The prohibition also does not apply to vehicles legally parked during events like sporting functions where police are directing traffic, allowing for activities such as tailgating. Additionally, consuming alcohol is permitted on railroad dining cars and commercial aircraft.
Outside of vehicles, licensed establishments like bars and restaurants are exempt for on-premises consumption. Alcohol may be allowed in publicly-owned facilities like auditoriums if the managing authority grants permission. Local governments can also designate specific areas, such as entertainment districts, or issue permits for special events where open containers are temporarily allowed. Private, invitation-only functions held in separate leased areas may also be exempt under certain conditions.
