Cleveland, OH Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- Cleveland Codified Ord. § 617.07
- Offense level
- Fourth-degree misdemeanor
- Covers
- Public places, parked and moving vehicles
- Exception
- Outdoor refreshment areas under Ch. 699B
- State counterpart
- RC 4301.62
- Amended
- Ord. No. 666-16, eff. 6-7-16
Summary
Cleveland bans having an opened container of beer or liquor in any public place, in a parked or moving vehicle, or on licensed liquor premises under § 617.07. Violating the open container ban is a fourth-degree misdemeanor, with a narrow carve-out for the Wolstein Park outdoor refreshment area and premises where the drink was lawfully bought for on-site consumption.
No person shall have in his or her possession an opened container of beer or intoxicating liquor in any of the following circumstances: (1) In a state liquor store; (2) On the premises of the holder of any permit issued by the Department of Liquor Control; (3) In any other public place; (4) While operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking; (5) While being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking. ... (d) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-28: Current through legislation passed September 1, 2026).
Full Breakdown
07 makes it unlawful to possess an opened container of beer or intoxicating liquor in a state liquor store, on the premises of any Division of Liquor Control permit holder, in any other public place, or while operating or riding in a stationary or moving motor vehicle on any street, highway, or public or private property open for vehicular travel or parking. 01. A 2016 amendment (Ord. No. 666-16, passed June 6, 2016) carved out an exception for outdoor refreshment areas created under Chapter 699B: a person may carry an open container purchased from a qualified permit holder inside such a designated outdoor zone, but that exception does not let a drinker carry outside liquor into a licensed premises or possess an open container inside a vehicle within the refreshment area.
201. 62, which imposes a parallel statewide open-container ban; Cleveland's version applies citywide through its own municipal court rather than relying solely on the state statute.
Violations & Fines
A first offense under § 617.07 is charged as a misdemeanor of the fourth degree, which under Ohio law carries up to 30 days in jail and a fine of up to $250. Cleveland police issue citations on the spot for open containers found in public places, parked cars, or moving vehicles; officers routinely confiscate the container as part of the stop. Repeat violations can factor into sentencing enhancements at the Cleveland Municipal Court's discretion.
Frequently Asked Questions
Can I walk down a Cleveland sidewalk with an open beer?
Is it legal to have an open drink in a parked car in Cleveland?
Does Cleveland allow open containers anywhere outdoors?
Sources & Official References
Other rules in Cleveland
Compare Cleveland to another location·View the Ohio public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Public Alcohol Use in Nearby Cities
How other cities in Cuyahoga County handle public alcohol use.