Brayden Garcia
·3 min read
In most of Texas, drinking alcohol in public doesn’t break any laws. But in certain places, including parts of Fort Worth, you could end up getting charged and fined.
While Texas has no statewide ban on prohibiting public consumption of alcohol, local municipalities can have a say in banning open containers in certain areas.
Under Texas Penal Code, an open container refers to any type of cup, bottle or can with alcohol that has been opened, uncorked, unsealed or partially removed.
Where in Fort Worth is having an open container illegal?
In November 2022, the Fort Worth City Council unanimously voted to ban open containers of alcohol in the West Seventh Street entertainment district. The ban was prompted by concerns over a 15% increase in crimes in the area, and an 8% increase in underage drinking, over the first 10 months of 2022, the Star-Telegram reported.
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Additionally, two people were hospitalized after someone fired a gun outside the former Varsity Tavern in October 2022. A woman also reported that she was raped in the West Seventh area.
The West Seventh open container ban spans multiple blocks and includes Montgomery Plaza and Crockett Row, recently renamed Artisan Circle. The district’s western boundary is University Drive, and West Lancaster Street to the south.
Anyone caught in possession of an open container or public consumption of alcohol, will be charged with a Class C misdemeanor and a fine up to $500.
Is having an open container on a public street illegal in all of Texas?
No, not all of Texas.
Under Texas Alcohol Code section 109.35, a municipality can prohibit the possession of an open container in central business districts if there’s a risk to the health or safety of its citizens.
Essentially, this means that a city government can ban the possession of open containers in certain business areas such as West Seventh Street.
In Texas, what are the rules of public consumption of alcohol?
According to the Texas Alcoholic Beverage Commission, public consumption of alcohol in Texas falls into two categories — standard and extended hours.
During standard hours, such as at a restaurant, a person may not consume or possess with intent to consumer alcoholic beverage during these times:
Monday-Friday: Before 7 a.m. or after 12:15 a.m.
Saturday: Before 7 a.m. or after 1:15 a.m.
Sunday: Before noon or after 12:15 a.m.
Exception: Consumption is legal between 10 a.m. and noon Sunday if served along food or at a winery, fair, festival, concert or sports venue.
During extended hours, such as at a bar or club, a person may not consume or possess with intent to consumer alcoholic beverage during:
Monday-Saturday: Before 7 a.m. or after 2:15 a.m.
Sunday: Before noon or after 2:15 a.m.
Exception: Consumption is legal between 10 a.m. and noon Sunday if served along food or at a winery, fair, festival, concert or sports venue.
