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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Town Code § 89-4
Max penalty
$1,000 fine or 1 year jail
Exception
SLA-licensed premises or Town Board permission
Adopted
September 9, 1980
Applies
Outside incorporated villages only

Summary

In the Town of Southampton outside the villages, it is illegal to drink alcohol or carry an open container in any public place. The Town Board adopted the ban in 1980 after finding roadside drinking left streets littered with bottles and cans and endangered other users.

No person shall consume, ingest or take internally any alcoholic beverage or have in his possession an open container containing any amount of such beverage with an intent to consume, ingest or take internally the same in a public place within the Town of Southampton, outside incorporated villages, except upon premises where such consumption has been licensed by the State Liquor Authority or by permission of the Town Board.

Full Breakdown

Town Code § 89-4 bars anyone from consuming, ingesting or taking internally any alcoholic beverage, or possessing an open container with intent to consume it, in a public place within the Town of Southampton outside the incorporated villages. The only exceptions are premises licensed by the State Liquor Authority or spots where the Town Board has given permission. "Public place" under § 89-3 covers public highways, parking lots and shopping-center lots as defined in the state Vehicle and Traffic Law, plus parks, playgrounds, sidewalks, buildings, beaches and transportation facilities matching Penal Law § 240.00's definition.

Homes used by their lawful occupants and guests are carved out. School premises can also be designated public places by the school board through a filed and published resolution, effective 10 days after publication. The Town Board's own findings, recorded at § 89-2, explain the rationale: consumption on public streets and ways by drivers, passengers and pedestrians had increased alarmingly, endangering other road users and littering adjacent private property with alcohol containers. The chapter, titled "Consumption of Alcoholic Beverages," does not touch the manufacture, sale or distribution of alcohol, only public consumption and possession of an open container.

Violations & Fines

Under § 89-5, anyone who violates Chapter 89 faces a penalty of up to $1,000, up to one year in jail, or both. Southampton Town Police and Public Safety officers issue citations for open containers and public drinking encountered on Town streets, beaches, parks and parking lots outside the incorporated villages.

Frequently Asked Questions

Can I drink alcohol at a Town beach in Southampton?
No. Beaches fall within the Penal Law's definition of a public place adopted at § 89-3, so drinking or carrying an open container there violates § 89-4 unless the spot is SLA-licensed or the Town Board has given permission.
Does the open container ban apply inside Southampton Village?
No. Chapter 89 applies only within the Town of Southampton outside its incorporated villages; Southampton Village and the other incorporated villages enforce their own separate codes.
What is the maximum penalty for public drinking in Southampton?
Town Code § 89-5 sets a maximum penalty of a $1,000 fine, up to one year of imprisonment, or both, for any violation of the alcoholic beverages chapter.

Sources & Official References

Other rules in Southampton

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