Allentown, PA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- Allentown Code § 545-5
- Covered locations
- Streets, sidewalks, areas near businesses
- Alcohol threshold
- Over 0.5% ABV by volume
- Exemptions
- Special activity or sidewalk cafe permit
- Base fine
- $25 or $100 violation ticket
- Max citation fine
- $1,000
Summary
Allentown prohibits drinking or carrying an open container of alcohol in any public place, including streets and sidewalks, unless a special activity or sidewalk cafe permit specifically authorizes it. Simply holding an open container creates a rebuttable presumption of intent to drink it.
No person shall drink or consume an alcoholic beverage or possess, with the intent to drink or consume, an open container containing an alcoholic beverage in any public place except at a party, function or activity for which a special activity or sidewalk cafe permit has been obtained from the City of Allentown... 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.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4995055; v49 updated 2026-06-26; through 06-26-2026).
Full Breakdown
Section 545-5 of the Codified Ordinances bars any person from drinking or consuming an alcoholic beverage, or possessing an open container with intent to drink it, in a public place. The ordinance defines an alcoholic beverage broadly as any liquid for human consumption containing more than half of one percent alcohol by volume, and defines public place to include public streets and sidewalks plus the area immediately adjacent to any parking lot, store, restaurant, tavern or other business, but not the premises of a licensed establishment.
The presumption clause matters practically: police do not need to see someone drink to cite them, an open can or bottle in hand is enough to shift the burden to the holder. Two carve-outs exist. First, a party, function or activity that has obtained a special activity permit, or a sidewalk cafe permit that specifically authorizes alcohol, is exempt for the scope of that permit. Second, consumption inside a duly licensed establishment whose certificate of occupancy extends onto a sidewalk (an outdoor seating area tied to a liquor license) is not a violation.
Enforcement follows the same Article I process as the rest of Chapter 545: police officers or public officers issue a notice of violation or violation ticket, served by hand, by mail or by posting at the property, with the appeal path running through Section 545-8.
Violations & Fines
Section 545-5.D routes penalties to Section 545-10: a violation ticket carries a $25 or $100 fine, payable in full within 10 days to close the matter. Unpaid tickets add a $10 or $25 late penalty for days 11-20, and nonpayment past 20 days escalates to a citation with a fine of up to $1,000, with each day of continuing violation chargeable as a separate offense.
Frequently Asked Questions
Can I get cited just for holding an unopened beer on the sidewalk?
Does a bar's outdoor patio count as a public place?
How do I legally serve alcohol at a street festival?
Sources & Official References
Other rules in Allentown
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