Drink and ride? What Missouri, Kansas laws say about passengers with open containers
Whether it’s to go hang out with friends, eat dinner or drive to work, Kansas City residents hop over the state line often.
It’s easy to forget what laws apply in each state as you cross the border. And this is just as true when it comes to alcohol laws in Missouri and Kansas.
It’s illegal in both states to drink and drive, meaning you can’t have an open container as the driver.
But what if you are riding on the passenger side or in the back seat?
Each state has different laws on that point, as they do for carrying open containers more generally and the public consumption of alcohol.
Remember these differences as you cross state lines. It could save you from paying hefty fines or losing your driver’s license.
Can a passenger carry an open alcohol container in Missouri?
Yes. Missouri law does not prohibit passengers in a vehicle from carrying open alcohol containers, according to Show Me Rights, a site run by The Missouri Bar to help residents understand state laws.
The law prohibits only the driver from carrying an open container with alcohol while they’re operating a vehicle.
The state law says:
“A person commits the offense of consumption of an alcoholic beverage while driving if he or she operates a moving motor vehicle upon any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality while consuming any alcoholic beverage.”
Some municipalities, such as Independence, have laws that ban open containers in vehicles. But Kansas City is not one of them.
Missouri also has no statewide law to prevent residents from drinking alcohol in public places. But some public spaces, such as Loose Park in Kansas City, prohibit alcoholic beverages on public property.
Other laws prevent public drinking, such as not allowing places that sell beer to let their customers leave their store with an open container.
In contrast, the Power & Light District allows public consumption of alcohol on its entertainment district grounds, as long as the alcohol is in a plastic container.
Can a passenger carry an open alcohol container in Kansas?
Kansas’ open containers laws are more strict than Missouri’s.
Kansas state law prohibits open containers inside vehicles at any time by anyone. And you can’t transport an open container of alcohol in any vehicle on either a highway or street.
The law says: “No person shall transport in any vehicle upon a highway or street any alcoholic beverage unless such beverage is in any locked outside compartment which is not accessible to any person in the vehicle while it is in motion.”
If you’re carrying alcohol of any kind inside your car, the container must be unopened and it must be in the trunk. If you don’t have a trunk, it has to be behind the farthest seat behind the driver or in spot that’s not occupied by a passenger.
The law also prohibits open containers of alcohol outside of private buildings and licensed alcohol sellers.
You can’t drink beer or other alcoholic beverages in public on Kansas streets unless there’s an event with a permit that allows visitors to carry and drink alcohol on event grounds.
This story was originally published August 7, 2023 at 1:01 PM.
