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Everett, MA Public Conduct: Public Alcohol Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Citation
Everett Revised Ordinances Section 13-1
Covered containers
Any open or partially consumed container, including empty open ones
Covered places
Public ways, parks, playgrounds, places open to the public
Arrest authority
Police can arrest without a warrant if the violation occurs in their presence
City property
No serving or consuming on city owned property or in city buildings
Fine
Under Section 1-8, capped at $300.00 per offense

Summary

In the City of Everett, Massachusetts, Section 13-1 of the Revised Ordinances bars drinking alcohol or holding an open or partially consumed container on any public way, in any park or playground, or anywhere the public has access. Police can arrest without a warrant. Serving or consuming alcohol on city owned property is banned separately.

(a) No person shall drink or possess in any open or partially consumed container any alcoholic beverage as defined in chapter 138, section 1, of the General Laws including possession of any empty or partial container of alcoholic beverages that is open, and in the possession or control of such person while on, in or upon any public way or upon any way to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, park or playground, or private land or place without consent of the owner or person in control thereof. A police officer may arrest, without a warrant, any person who in his presence violates this section. ... (c) No person shall serve or consume any alcoholic beverages on city owned property or within city owned buildings. ... (d) Whoever is found guilty of violating this section shall be subject to a fine in accordance with Section 1-8 of these Revised Ordinances of the City of Everett.

Full Breakdown

Section 13-1(a) of the Everett Revised Ordinances, adopted by the Everett City Council in Middlesex County, Massachusetts, makes two acts unlawful: drinking an alcoholic beverage, and possessing one in any open or partially consumed container. The text expressly counts an empty or partial container that is open and in the person's possession or control. The ban covers any public way, any way the public has a right of access to, any place the public enters as invitees or licensees, any park or playground, and private land or a private place where the owner or person in control has not consented. A police officer can arrest, without a warrant, anyone who violates the section in the officer's presence.

Section 13-1(b) requires that alcohol used in a violation be seized and safely held until final adjudication of the charge against the person arrested or summoned before the court. At that point it is returned to the person entitled to lawful possession.

Subsection (c) is a second, stricter rule for municipal property. Nobody can serve or consume alcoholic beverages on city owned property or inside city owned buildings, and the ban reaches any event or function there, whether public or private. The one printed exception is a license for beer and wine at city sponsored functions. The City Council grants it by majority vote on written application to the City Clerk, and only if the site is an appropriate location, the use will not adversely affect the neighborhood, and there will be no nuisance or serious hazard to vehicles or pedestrians. A special license covers the date of the function only, is valid only after the Licensing Commission approves a special liquor permit application, can be revoked by the Council at any time for violated conditions, and appeals are heard under the rules of the Board of Appeals.

Violations & Fines

Under Section 13-1(d), a person found guilty is subject to a fine under Section 1-8. That general penalty section caps a fine at $300.00 per offense and prints a schedule of $25.00 for a first offense, $50.00 for a second, $100.00 for a third, and $300.00 for fourth and later offenses. Each day a violation continues counts as a separate violation, and the violation is written as a ticket under the Non-Criminal Disposition Ordinance. The alcohol itself is seized under subsection (b), and a special license can be revoked for breaking its conditions.

Frequently Asked Questions

Can I drink a beer in an Everett park?
No. Section 13-1(a) of the Everett Revised Ordinances bars drinking, or possessing an open or partially consumed container of alcohol, in any park or playground, on any public way, and in any place the public can access. The same ban reaches private land when the owner or person in control has not consented. Police can arrest without a warrant when the violation happens in their presence.
Can alcohol be served at an event in a city building in Everett?
Not by default. Section 13-1(c) prohibits serving or consuming alcohol at any event, public or private, held on city owned property or inside city owned buildings. The only printed exception is a special license for beer and wine at city sponsored functions, granted by City Council majority vote on written application to the City Clerk, for the date of the function only, with Licensing Commission approval of a special liquor permit.
What happens to the alcohol if someone is cited?
Section 13-1(b) requires that all alcoholic beverages being used in violation be seized and safely held until final adjudication of the charge against the person arrested or summoned before the court. At that time the beverages are returned to the person entitled to lawful possession.
What is the fine for public drinking in Everett?
Section 13-1(d) sends the penalty to Section 1-8 of the Revised Ordinances. That section caps a fine at $300.00 per offense and prints a schedule of $25.00, $50.00, $100.00 and then $300.00 for successive offenses, with the amount left to the enforcing agent's discretion and each day of a continuing violation counted separately.

Sources & Official References

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