Open Container Charges in Wildwood and Atlantic City: Drinking on the Beach Can Get You Arrested

Summertime at the Jersey Shore is all about sunshine, boardwalks, and beachside relaxation. But for many, a seemingly harmless decision—like carrying an open beer or sipping a cocktail while walking along the beach—can quickly turn into a legal problem. Open container charges in Wildwood and Atlantic City are more common than many visitors realize, and they can carry real consequences if not taken seriously.

Whether you’re a local resident or a tourist enjoying a beach weekend, it’s important to understand New Jersey’s open container laws, how they’re enforced along the Shore, and what steps to take if you find yourself facing a citation or criminal charge.

What Is an Open Container Violation in New Jersey?

Under New Jersey state law (N.J.S.A. 39:4-51b), it is illegal to possess or consume an open container of alcohol in the passenger area of a motor vehicle, whether parked or in motion. That law applies statewide.

That being said, when it comes to public spaces—like sidewalks, beaches, boardwalks, and parks—open container rules are set by local ordinance, and many Shore towns strictly prohibit public possession or consumption of alcohol.

An “open container” typically includes:

• Any bottle, can, or cup that has been opened or unsealed
• Any container that is partially consumed or shows signs of tampering

So, even if you’re not actively drinking, simply walking around with a solo cup of wine or a half-full beer can may be enough to get cited.

Why Are Open Container Charges So Common at the Shore?

Shore towns like Wildwood and Atlantic City are heavily patrolled during the summer months. Local police departments increase enforcement along the beaches and boardwalks to manage crowds and in an ongoing effort to discourage disruptive behavior. Open container violations are among the most frequently cited offenses, especially on weekends and holidays.

You may be issued a municipal summons for having an open container, but depending on the situation—such as if you’re underage, visibly intoxicated, or uncooperative—you could also face additional charges, including:

• Disorderly conduct
• Possession or consumption of alcohol by a minor
• Being under the influence in public
• Possession or use of a false identification

Local Ordinances in Wildwood and Atlantic City

While state law sets the general rule, many Shore towns have local ordinances that impose fines, mandatory court appearances, and even community service for open container violations. For example:

Wildwood

In 2023, Wildwood passed a local ordinance banning alcohol—open or otherwise—on its beaches and boardwalk. The law applies regardless of whether you’re drinking or just carrying it. Exceptions are limited to licensed businesses and approved events. Local officials cite the measure as part of a broader push to reduce underage drinking and maintain public order during peak season.

Atlantic City

Atlantic City allows alcohol consumption in designated open container zones, primarily along the boardwalk and surrounding casino district. This was authorized through a state bill that gave the Casino Reinvestment Development Authority (CRDA) discretion to permit open alcohol in specific areas of the Tourism District.

That said, open containers are still prohibited outside of those limited zones, and many people unknowingly step outside the permitted areas with a drink in hand—risking citation or arrest.

If you’re unsure whether open container rules apply in a specific area, it’s best to play it safe and avoid drinking alcohol in public spaces altogether.

What Happens If You’re Cited or Arrested?

If you’re charged with violating a local open container ordinance down the shore in Jersey, you’ll likely receive a summons to appear in municipal court. While this may seem minor, the consequences can include:

• Fines and court costs
• Community service
• A permanent municipal record
• Additional charges, especially for underage individuals or those with prior offenses

If you ignore the summons or fail to appear, the court may issue a bench warrant, leading to more serious consequences—even if you live out of state.

Can an Open Container Violation Affect Your Record?

Yes. Even though many open container charges are municipal ordinance violations (not classified as criminal offenses), they may still appear on background checks, especially if additional charges are involved. That could affect your:

• Employment applications
• Housing opportunities
• College or professional licensing prospects

If your citation is accompanied by a disorderly persons offense or another criminal charge, it could result in a permanent record that remains visible for several years, as expungement eligibility typically requires a waiting period of up to five years.

Do You Need a Lawyer for an Open Container Charge?

While some violations are resolved with a fine, others can escalate quickly—especially if they involve:

• Out-of-state visitors who can’t return for court
• Individuals under 21
• Prior municipal or criminal offenses
• Related charges like resisting arrest or disorderly conduct

Having a knowledgeable local criminal defense attorney can help you:

• Avoid unnecessary penalties
• Minimize the impact on your record
• Seek a dismissal or downgraded charge
• Appear in court on your behalf if you’re unable to attend

At the Law Offices of John W. Tumelty, we understand how easily a simple oversight down the Shore can escalate into a significant legal issue. As a former prosecutor and seasoned South Jersey defense attorney, John Tumelty is well-versed in municipal courts throughout Cape May County, Atlantic County, and beyond.

How to Avoid Trouble This Summer

To stay safe and compliant at the Shore:

• Don’t bring alcohol to the beach or boardwalk, even in a solo cup or covered container.
• Know the local laws—each town may have different rules and enforcement practices.
• Stay respectful and cooperative if approached by police.
• Take any citation seriously and respond appropriately to avoid escalating the issue.

Facing an Open Container Charge in Wildwood or Atlantic City? We Can Help.

If you’ve been cited or arrested for an open container violation at the Jersey Shore, you don’t have to face it alone. The Law Offices of John W. Tumelty offers experienced legal representation for individuals facing municipal and criminal charges across South Jersey.

We assist clients throughout Atlantic, Cape May, Gloucester, and Ocean Counties, including beach towns and communities such as Wildwood, Atlantic City, Ocean City, Cape May, Sea Isle City, Ventnor, Margate, Brigantine, Galloway Township, Egg Harbor Township, Toms River, and beyond.

Whether you live in the area or were just visiting, Attorney John Tumelty provides personalized, strategic defense aimed at minimizing disruption to your life—and helping you move forward.

Don’t let a shore weekend mistake follow you home. Call (609) 385-4010 or contact us online to schedule a confidential consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. If you are facing a legal issue, please contact a qualified attorney serving your area to discuss the specific facts of your case.