Berwyn, IL Public Conduct: Public Alcohol Use (2026)

The Berwyn City Council addresses public drinking inside the disorderly conduct ordinance, § 666.06, not in a stand-alone open container chapter. Division (B) makes a person guilty of disorderly conduct who, with the purpose of causing public danger, alarm, disorder or nuisance, or whose conduct is likely to cause it, willfully does any listed act in a public place. Item (6) is the alcohol clause.

As printed, § 666.06(B)(6)(a) reads across two thoughts joined by a colon. It first describes a person in a public place, under the influence of intoxicating liquor or drugs, unable to exercise care for his or her own safety or the safety of others. After the colon it reaches anyone who consumes any alcoholic beverage, or possesses on his or her person a bottle or receptacle containing alcoholic beverages that has been opened, had the seal broken, or had contents partially removed, while on a public place, street, alley, sidewalk or pedestrian mall within the city limits.

The code defines PUBLIC PLACE broadly: any place the general public has access to and a right to resort to for business, entertainment or other lawful purposes. That includes the front or immediate area of any store, shop, restaurant, tavern or other place of business, and public grounds, areas or parks.

Division (B)(6)(b) carves out two exceptions. Public or special events for which a permit has been issued are exempt, and so are businesses allowed to serve alcoholic beverages in a public place through a liquor licensing permit.

A narrower rule applies at drive-in restaurants. Under § 840.16(B)(3), no person brings any alcoholic beverage onto the public area of a drive-in restaurant, which covers the whole premises, any shopping plaza with it and the adjacent parking, and consumes or attempts to consume it. Separately, the code's vehicle impoundment provision lists open alcohol in a vehicle among the offenses that can lead to seizure, a $750 administrative penalty per towable offense and towing fees.