Can you walk around with alcohol in Texas? What to know ahead of possible Fort Worth ban

Megan Cardona

Parts of Fort Worth’s West Seventh Street entertainment district could see an open container ban following a rise in crime and public intoxication.

Fort Worth City Council is considering the ban for city streets and sidewalks in Crockett Row, the Montgomery Plaza shopping center and an area between University Drive and Carroll Street.

The ban on open alcoholic beverage containers is proposed as a way to curb crime along West Seventh Street, which is up 15% through the first 10 months of 2022 compared to the same time last year. Public intoxication arrests have also gone up 8% since last year, according to a city report.

What are the current laws regarding public alcohol consumption and how will an open container ban work in Fort Worth? Here’s what to know.

Can you walk around with alcohol in Texas?

Texas law does not specifically ban public alcohol consumption, although there are restrictions depending on the place and time of day.

For a “standard-hours area,” consumption or possession of alcohol is not allowed:

  • Monday-Friday before 7 a.m. or after 12:15 a.m.

  • Saturday before 7 a.m. or after 1:15 a.m.

  • Sunday before noon or after 12:15 a.m.

In an “extended-hours area,” consumption or possession of alcoholic beverages is prohibited:

  • Monday-Saturday before 7 a.m. or after 2:15 a.m.

  • Sunday before noon or after 2:15 a.m.

For both standard-hours and extended-hours areas, alcohol consumption is legal between 10 a.m. and noon Sunday at an establishment that also sells food to the customer and at a winery, fair, festival, concert or sports venue, according to Texas’ Alcoholic Beverage Code.

Regardless of time, public intoxication is illegal.

Public intoxication is when a person is intoxicated to the point of endangering themselves or others, according to the Texas Penal Code.

What is an open container ban?

Open container bans, which is what the city of Fort Worth is considering, applies to the public consumption of alcoholic beverages in a central business district.

A “central business district” means an area where at least 90% of the land is used or zoned for commercial use.

According to the Alcoholic Beverage Code, a city’s governing body can prohibit the possession of an open container or the consumption of alcohol in a business district.

The ban would not apply to motor vehicles, buildings not owned or controlled by the city, residential buildings or licensed premises located in the area of prohibition.

Are open containers allowed in a vehicle?

Open containers of alcoholic beverages are not permitted in motor vehicles on public roadways. The restriction applies whether the vehicle is moving, stopped or parked.

Will bars still be allowed to operate late?

Yes. If passed, the open container ban would only apply to public streets and sidewalks in the designated area Fort Worth City Council has mapped.

Bars and other establishments that sell alcohol in the West 7th Street entertainment district will still be able to operate during their regular hours.

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