Understanding Open Alcohol Container Laws and Penalties in Ocean City, Maryland
Ocean City, Maryland takes public alcohol consumption seriously. Drinking alcoholic beverages in public is prohibited under the town’s code. This includes any alleyway, avenue, beach, parking lot, sidewalk, street and vehicle in any of these areas. A violation may result in an arrest.
From 2003 to 2005, the Ocean City Police Department averaged 950 arrests per year for open container violations.
What is an alcoholic beverage?
"Alcoholic beverage" includes "spirituous, vinous, malt, or fermented liquor" fit for "beverage purposes" and containing at least .5% of alcohol by volume.
What is an open container under Ocean City, Maryland law?
An "open container" means any can, bottle, or other receptacle that is open, has a broken seal, or has had the contents partially removed. So, simply carrying an open container of alcohol is a criminal violation.
Some say that the type of container makes a difference. However, if your alcoholic beverage happens to be in a glass container you are also guilty of violating an additional ordinance. The law is specific about the consumption of alcohol and has nothing to do with the container it is in, although many people wrongly believe that pouring alcohol in a cup makes it legal.
Open Container Penalties
For many years, possessing an open container of alcohol in Ocean City was only a citation offense. However, in 2012, Ocean City reclassified open container violations as a misdemeanor that can result in an arrest at the officer’s discretion. This was done to maintain the seaside town’s reputation as a “family-friendly” vacation destination.
As a result, Ocean City’s laws on public drinking and carrying an open container of alcohol are more strict than state law. An open container citation in Ocean City is a jailable offense with a maximum penalty of 90 days in jail and a $500 fine. Maryland state law treats open container violations as a civil offense with a maximum fine of $25.
What the State Must Prove For an Open Container Violation
A trial in an Ocean City alcohol violation has the same elements as other types of trials. The defendant is allowed to present their witnesses and to cross-examine the state’s witnesses.
The state’s burden of proof for an Ocean City public drinking/open container violation is the same as in most criminal trials.
A defendant can enter the same pleas that are entered in criminal cases and may be found guilty or not guilty by the judge or be placed on probation before judgment. Successful completion of probation can result in the case being expunged.
Staying Safe and Legal
To enjoy Ocean City, Maryland without running afoul of the law, keep these tips in mind:
- Never drink alcohol on the beach, boardwalk, or other public areas.
- Don't attempt to disguise alcohol in other containers – it's illegal.
- If you purchase a bottle of wine at a restaurant and don't finish it, you can have it recorked to take home. However, in a vehicle, it must be stored in the trunk or behind the last upright seat.
- Remember that open container laws apply to passengers in vehicles as well as drivers.
- If you're planning to drink, do so responsibly and in licensed establishments or private residences.
If you find yourself facing an open container charge in Ocean City, you should consult with a local attorney who specializes in these cases. An Ocean City open container violation lawyer can help you navigate the legal process and work toward a good outcome. The attorneys at Maronick Law LLC have experience with open container violations. The consultation is free.
Maronick Law LLC can meet with you remotely if you have access to Zoom. You can contact the law office at (410)224-5068 or via the website to set up a consultation.