Alcohol Restrictions on Public Property

What are alcohol use restrictions on public property?

• Alcohol restrictions on public property control the availability and use of alcohol at parks, beaches and other public spaces. Restrictions can range from total bans on alcohol consumption to restrictions on the times or places at which alcohol can be consumed. (1)
  
• A range of policies may be implemented, such as those that: (2, 3)
  • Prohibit possession of an open container of alcohol in public parks, playgrounds, beaches, etc.
  • Establish standard procedures for dealing with intoxicated persons in public areas.
  • Require regular monitoring of public areas such as parks, beaches and parking lots.
  • Require responsible serving practices at special events in park shelters/buildings where alcohol can be served (e.g. private weddings, parties).
  • Establish standard enforcement procedures for all existing policies.
    
• Policies should be specific to your community and should be based on the community's own needs and issues.
  
• These policies can be part of a local ordinance or state law, or be implemented by local organization or agency overseeing the public space. (4)
  

Why alcohol restrictions in public places are important for your community

• Underage drinking may occur in a variety of unsupervised places including parks, beaches, cemeteries, or parking lots . Prohibiting or restricting alcohol consumption in these public places will likely make it easier for police to prevent or break up underage drinking parties.
  
  
• Alcohol consumption in unsupervised public places may be related to problems such as fighting, vandalism and public disturbances, especially among youth. Prohibitin or restricting alcohol consumption on public property may reduce such problems. Communities that have increased enforcement of existing policies or have created new alcohol control policies that are enforced report a reduction in alcohol-related problems.(5)
  

Considerations for passing this ordinance in your community

ISSUE: Policy makers and public administrators may oppose alcohol restrictions on public property, viewing such restrictions as an additional regulatory burden for government agencies.
RESPONSE: To help overcome this opposition, policy advocates will need to develop partnerships with a number of community groups, such as law enforcement agencies, local public interest groups, business interests, merchants and public/volunteer agencies. (1)

ISSUE: Local law enforcement may oppose alcohol restrictions on public property because the enforcement of such restrictions will create additional work.
RESPONSE: Although additional work may be created for law enforcement officers on the front end, this added burden is relatively small compared to the effort needed to deal with problems resulting from drinking on public property.

ISSUE: Community citizens may oppose alcohol restrictions on public property. RESPONSE: At least two studies shows that the public is generally in favor of alcohol restriction on public property, including a national survey showing over 85% of respondents being in favor of such restrictions.(6,7) If citizens in a community oppose such restrictions, community organizers may want to shift their focus from a complete ban on drinking in public places to restrictions on the times and places where/when alcohol consumption is allowed.

Note: Community members are strongly urged to consult with a local attorney to learn about state law requirements before attempting to pass a local ordinance to restrict alcohol on public property.

Considerations for implementation

• Enforcement: Creating an ordinance that restricts or bans alcohol use on public property is not enough to solve the problems related to alcohol consumption—the restrictions must also be enforced. It is important for communities to work with law enforcement agencies to obtain their input and support for these policies.
• Local implementation: If alcohol restrictions are implemented and/or enforced only in specific areas of a community, the alcohol-related problems that are being targeted may simply shift to other nearby areas that don't have restrictions or enforcement. Hence, restrictions or bans on alcohol on public property should be implemented and enforced throughout the community and not just in selected areas.
• Underage drinkers: It is important to make sure that law enforcement officers not only target or punish the underage drinkers but also identify where/how the underage persons got the alcohol (e.g., who sold or gave the alcohol to the underage persons) so adult or commercial sources can also be targeted and punished.
  

How alcohol restrictions in public places fit into a larger context

In addition to alcohol restrictions on public property, other strategies should be implemented and enforced to help reduce alcohol problems.

Other strategies include:

• Keg registration to identify and penalize adults and youth who purchase beer for underage youth (see keg registration).
• Banning home deliveries to prevent the delivery of alcohol to underage persons, who may give alcohol to other underage youth (see home delivery restrictions).
• Social host liability to penalize those who provide alcohol to youth or intoxicated persons (see social host liability).
• Restrictions on noisy assemblies to aid police in controlling underage alcohol parties in private residences.

What other communities have done

The Board of Supervisors in Santa Cruz, California, in an attempt to combat a host of troubles ranging from broken glass on the beach to fights and drunken driving, passed a law banning drinking and possession of open liquor containers in publicly accessible outdoor areas from beaches to parking lots under the county's jurisdiction. However, under this 1997 ordinance, drinking is still allowed in nearly all of the parks and beaches operated by the state, which constitute 16 of 25 miles of beachfront in the county. (8)

References

1. U.S. Department of Health and Human Services, SAMHSA. Preventing problems related to alcohol availability: Environmental approaches. Report No.: DHHS (SMA)99-3298. 2000.

2. Norton P. Putting the pieces together: A guide to community actions for prevention of alcohol problems. Facing Alcohol Concerns through Education (FACE), Mid-State Substance Abuse Commission, 1991.

3. Gliksman L, Douglas RR, Rylett M, Narbonne-Fortin C. Reducing problems through municipal alcohol policies: The Canadian experiment in Ontario. Drugs: Education, Prevention and Policy, 2(2):105-18, 1995.

4. Breitrose P, Flora J. Alcohol under control: Making your community alcohol safe. San Diego County Health Services and Applied Communication Technology, 1988.

5. Cassady D, Flora J, Foote D. Alcohol use at community events: Creating policies to prevent problems. San Diego County Alcohol Program and Applied Communication Technology, 1987.

6. Gliksman L, Douglas RR, Thomson M, Moffatt K, Smythe C, Caverson R. Promoting municipal alcohol policies: An evaluation of a campaign. Contemporary Drug Problems, 17(3):391-420, 1990.

7. Wagenaar AC, Harwood EM, Toomey TL, Denk CE, Zander KM. Public opinion on alcohol policies in the United States: Results from a national survey. Journal of Public Health Policy, 21(3):303-27, 2000.

8. Woolfolk J. Board bans alcohol on beaches. San Jose Mercury News, December, 17, 1997.

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