Bensalem, PA Public Conduct: Public Alcohol Use (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?
Are bars and restaurants exempt from the open container law?
What's the penalty for public drinking in Bensalem Township?
Sources & Official References
Other rules in Bensalem
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