violation 10-125(b)?

Question

I was recently given a summons in New York City for an Open Container of Alcohol; Violation sec 10-125 sub 2b. What are the consequences if I plea guilty and pay the fine (it's only $25), will it go on my record? The thing I'm worried about is that I'm am graduating and looking for work and I'm also a foreign student requiring OPT

Answer 1

§ 10-125 Consumption of alcohol on streets prohibited.



b. No person shall drink or consume an alcoholic beverage, or possess, with intent to drink or consume, an open container containing an alcoholic beverage in any public place except at a block party, feast or similar function for which a permit has been obtained.

c. 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.

d. Nothing in this section shall be deemed to prohibit the consumption of an alcoholic beverage in any duly licensed establishment whose certificate of occupancy extends upon a street.

e. Any person who shall be found to have violated any of the
provisions of this section shall be liable for a civil penalty of not more than one hundred ($100) dollars for each violation, which may be recovered in a proceeding before the environmental control board. Such proceeding shall be commenced by the service of a notice of violation
returnable before such board.

If you notice in para (e) where it says "...shall be liable for a civil penalty..." that means it's essentially a civil action not a criminal action. It's a violation not a criminal offense such as a misdemeanor or felony offense.

Not to worry...pay the fine and you won't have to worry any further!

Best wishes.