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Bensalem, PA Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Fine range
$25 to $300 plus costs
Default penalty
Up to 30 days jail
Covers
Streets, parks, lots, school yards
Exception
Licensed premises' enclosed areas
Possession alone
Also a violation, Sec. 54-43

Summary

Bensalem Township Code Chapter 54, Article III makes it a breach of the peace to drink or carry an open container of liquor, low-alcohol beverage, or malt beverage on any public street, sidewalk, park, playground, parking lot open to the public, school yard, or in a parked or moving vehicle there. Only patrons inside a Pennsylvania Liquor Control Board-licensed premises are exempt. Violators face fines of $25 to $300 plus costs, with jail up to 30 days if unpaid.

It shall be a breach of the peace and unlawful, within the Township, for any person to drink liquor, low alcohol malt or brewed beverages upon any public street or public sidewalk, public park, playground, greenbelt, stairwell, stairway, doorway visible to the public, public lot, private parking lot open to public use, school yard or school parking lot or in any vehicle being operated or parked thereon. ... It shall be a breach of the peace and unlawful, within the Township, for any person to have in such person's possession or in a vehicle under such person's control any open container containing liquor, low alcohol, or malt or brewed beverage upon any public street or public sidewalk, public park, playground, greenbelt, stairwell, stairway or doorway, public lot, private parking lot open to public use, school yard or school parking lot or in any vehicle being operated or parked thereon. ... a fine of not less than $25.00 and not more than $300.00, plus all costs of prosecution.

Full Breakdown

Section 54-42 bans drinking liquor, low-alcohol beverages, or malt and brewed beverages on any public street or sidewalk, public park, playground, greenbelt, stairwell, stairway, doorway visible to the public, public lot, private parking lot open to public use, school yard, or school parking lot, or inside a vehicle operated or parked on those areas. Section 54-43 separately bans mere possession of an open container of the same beverages in the same public locations, so an unopened but uncapped bottle in a park is enough to violate the article even without drinking.

Section 54-41 defines an open container broadly, covering any bottle, can, cup, glass, flask, thermos, or keg that has been perforated, uncapped, uncorked, or otherwise unsealed, and defines liquor as any alcoholic, spirituous, vinous, or fermented beverage over one-half of one percent alcohol by volume. Section 54-44 carves out one exception: enclosed areas of premises licensed by the Pennsylvania Liquor Control Board, for patrons of that licensee. Section 54-45 makes every violation a breach of the peace punishable, upon conviction before a magistrate or court, by a fine of not less than $25.00 and not more than $300.00 plus costs of prosecution, with imprisonment of up to 30 days if the fine and costs go unpaid.

Violations & Fines

Section 54-45 fines every open-container or public-drinking conviction between $25.00 and $300.00 plus prosecution costs, and a violator who defaults on payment can be imprisoned for up to 30 days. Both drinking and simple possession of an open container on a public street, park, sidewalk, or public parking lot are separately punishable offenses under Sections 54-42 and 54-43, so an officer does not need to see anyone actually drinking to issue a citation.

Frequently Asked Questions

Is it illegal to just carry an open beer in a Bensalem park?
Yes. Section 54-43 bans possessing an open container of liquor or malt beverage in any public park, street, sidewalk, or parking lot open to the public, whether or not you are drinking from it, so carrying an uncapped bottle across a park is its own violation.
Are bars and restaurants exempt from the open container law?
Only their enclosed, licensed areas. Section 54-44 exempts enclosed premises holding a Pennsylvania Liquor Control Board license, but only for that licensee's own patrons inside the licensed space, not for outdoor seating or the parking lot.
What's the penalty for public drinking in Bensalem Township?
Section 54-45 sets a fine of $25.00 to $300.00 plus court costs for a conviction under the open container article, whether for drinking or merely possessing an open container in public, and anyone who does not pay the fine and costs can be jailed for up to 30 days.

Sources & Official References

Other rules in Bensalem

All Bensalem rules

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