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El Paso, TX Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Governing section
City Code § 10.12.050
Where it applies
Downtown CBD; near homeless shelters
Maximum fine
$500 per violation
Enforcement
El Paso Police Department
Exempt
Bars, homes, permitted events

Summary

El Paso bans possessing an open container or drinking alcohol on any public street, sidewalk, alley, or pedestrian way inside the downtown central business district, or within 1,000 feet of a homeless shelter. Each violation carries a fine of up to $500.

B. 1. A person commits an offense if he possesses an open container of or consumes an alcoholic beverage in or on any public street, sidewalk, alley or pedestrian way located in the El Paso central business district area as defined in this section; or 2. ... located within one thousand feet of the property line of a homeless shelter that is not located in a central business district. ... E. Each violation of Section 10.12.050 shall be punishable by a fine of not more than five hundred dollars.

View official code

Full Breakdown

City Code Section 10.12.050 makes it an offense to possess an open container of, or consume, an alcoholic beverage on any public street, sidewalk, alley, or pedestrian way inside the defined El Paso central business district downtown, or within 1,000 feet of the property line of a homeless shelter located outside that district. The El Paso Police Department enforces it. It does not apply inside a residential structure, inside a private building not owned by the city, within a TABC-licensed on-premise establishment, or at a city-authorized special event holding a valid TABC permit. Outside these zones there is no citywide public-drinking ban.

Violations & Fines

Each violation of Section 10.12.050 is punishable by a fine of not more than five hundred dollars. An "open container" means a container that is no longer sealed.

Frequently Asked Questions

Can I drink alcohol on a downtown El Paso sidewalk?
No. Section 10.12.050 makes possessing an open container or drinking on any public street, sidewalk, alley, or pedestrian way in the central business district an offense punishable by up to $500.
Is there a citywide open-container ban in El Paso?
No. The prohibition covers only the downtown central business district and public ways within 1,000 feet of a homeless shelter. Texas has no general public open-container law outside vehicles.
Does it apply inside bars or at festivals?
No. It does not apply within a TABC-licensed on-premise establishment or at a city-authorized special event holding a valid TABC permit or license to sell or serve alcohol.

Sources & Official References

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All El Paso rules

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