Huntington, NY Public Conduct: Public Alcohol Use (2026)

Town Code § 76-3(A) bars possessing, carrying or transporting an open container with intent to consume it, or actually consuming it, while on any public highway, street, sidewalk, parking area, park, recreation area, building or other public area, or in a vehicle in those places, except on premises licensed to sell and serve alcohol or as permitted by § 159-18A or § 76-5. Section 76-2 defines "open container" as any open bottle, can or container holding liquor, beer, wine or another alcoholic beverage under the state Alcoholic Beverage Control Law.

Section 76-4 separately prohibits "nonreclosable" open containers, meaning ones that cannot be closed again once opened, such as pop-top cans, and treats that nonreclosable design itself as presumptive evidence the possessor intends to drink it. Under § 76-3(B) and § 76-4(B), an open container found in a car or other vehicle in a public place is presumed to be in the possession of every occupant of that vehicle, not just the driver. Section 76-5 lets an individual or organization avoid the ban entirely by getting written permission from the Town Board in advance, which the Board can condition however it sees fit, covering things like block parties or festivals. The chapter dates to a 1983 local law that repealed and replaced an earlier 1979 version.