Wasn't sure the best place to ask this but y'all know stuff, and technically the subject matter is outdoors. So it was my understanding from sections 1.06 and 109.35 of the Texas Alcoholic Beverage Code that cities and municipalities were only legally able to prohibit public consumption in designated "central business districts" but nowhere else. But while in Galveston this weekend for Father's Day I saw for the first time that Galveston muni code has banned alcohol on a pretty large section of its beaches in addition to its central business district. Am I reading the Texas code wrong? Or is there another section of code that gives Galveston the authority to do this? Or am I right and Galveston way overstepped it's authority and I'd have a case in court if I got ticketed for drinking on a dry beach and decided to fight it?

TIA. Morning coffee beach pic for your trouble

The code allows for local governments to establish wet and dry areas. End of argument.

So if you chose to fight it, which has actually been done before, like these individuals, you would lose your case and pay lots of lawyer fees.

Not that I don't believe you, I'm genuinely wanting to learn, but could you point to where in the code this authority is given? Because I don't see it.

And by " which has actually been done before, like these individuals" was there supposed to be a link to a story about "these guys"?

I'm not trying to be one of those obnoxious guys reading legal codes to cops, but I've genuinely been walking around with the belief that Texas code severely limited what municipalities could do as far as regulating alcohol including prohibiting public consumption. If I'm wrong I want to be educated.

I actually appreciate people like you questioning things.

Too many other Texas beaches without the people, rules, and regulations for me to deal with Galveston.

Port Aransas.

Drink away.

Except before noon on Sunday. Don't ask my (then legal) 19 yr. old self how I know this.

Aaaannndd, the obligatory TABC is lower than a snake turd.

Think TABC gives cities a lot of leeway on how they draw the lines that encompass the central business district. So if galveston submitted a map of their CBD that included part of beach, and TABC approved it, then no open containers there. The filing/application galveston submitted should be an open record.

Drinking on the beach in Galveston is only illegal if you are underaged minority, or being an azzhole of any race.

A) Don't be a jackass and bring glass bottles of anything to a beach.

B) Never had a cop remotely interested in what was in my cup/the ingredients in my insulated jug.

C) Didn't know any beaches actually had stuff against alcohol. Just knew there was stuff about

D) Do you intend to have a drink on the beach, or get drunk on the beach?

My understanding is that Galveston (County?) has only authorized the consumption of alcoholic beverages on East Beach, that southeastern-most tip of the island. You have to pay to enter and park.

Not sure where that's codified.

Ah, found it here (https://library.municode.com/tx/galveston/codes/code_of_ordinances?nodeId=PTIICOCI_CH4ALBE_ARTIINGE_S4-5PRCOAR):

Sec. 4-5. - Prohibited consumption areas.

(a) It shall be unlawful for any person to consume any alcoholic beverage upon the public sidewalks and rights-of-way adjacent to and contiguous with Seawall Boulevard, including any appurtenances thereto.
(b) It shall be unlawful for any person to consume an alcoholic beverage between the mean low tide line and the vegetation line between the eastern right-of-way of 16-Mile Road and the north edge of the roadway of Farm to Market Road 3005 and the San Luis Pass-Vacek Bridge.
(c) It shall be unlawful for any person to consume an alcoholic beverage between 10 th Street and 61 st Street upon the area between the mean low tide line and Seawall Boulevard.
(d) It shall be unlawful for any person to consume an alcoholic beverage upon the area commonly known as "Stewart Beach," as described by and under the control of the park board of trustees.
(e) The park board with city manager approval, may authorize with conditions the consumption of alcoholic beverages for designated special events.
(f) Nothing herein shall be construed to be applicable to any area or premise duly permitted and licensed by the state pursuant to the Texas Alcoholic Beverage Code.

(Ord. No. 19-078 , 2, 12-12-19; Ord. No. 20-025 , 2, 3-24-20)

Seems like that "east of 10th reference plus the Stewart carve-out, means you're only drinking lawfully on East Beach which, lol, you can really only get to by DRIVING.

So reading the statute, wade out in the water and drink all you want.

Yes and I saw that. But here are the sections of the Texas Alcoholic Beverage Code that I'm referring to:

Quote:

---

Sec. 109.35. ORDERS FOR PROHIBITION ON CONSUMPTION. (a) If the governing body of a municipality determines that the possession of an open container or the public consumption of alcoholic beverages in the central business district of the municipality is a risk to the health and safety of the citizens of the municipality, the governing body may by charter or ordinance prohibit the possession of an open container or the public consumption of alcoholic beverages in that central business district.
(b) If a municipality prohibits the possession of an open container or the public consumption of alcoholic beverages in the central business district of the city, the municipality must adopt a map, plat, or diagram showing the central business district that is covered by the prohibition.
(c) The municipality's charter or ordinance may not prohibit the possession of an open container or the consumption of alcoholic beverages in motor vehicles, buildings not owned or controlled by the municipality, residential structures, or licensed premises located in the area of prohibition.
(c-1) In accordance with Section 1.06, this section does not authorize municipal regulation of the possession of an open container or the public consumption of alcoholic beverages except as expressly provided by this section.
(d) In this section, "central business district" means a compact and contiguous geographical area of a municipality in which at least 90 percent of the land is used or zoned for commercial purposes and that is the area that has historically been the primary location in the municipality where business has been transacted.
(e) In this section, "open container" means a container that is no longer sealed.

---

And 1.06:

Quote:

---

Sec. 1.06. CODE EXCLUSIVELY GOVERNS. Unless otherwise specifically provided by the terms of this code, the manufacture, sale, distribution, transportation, and possession of alcoholic beverages shall be governed exclusively by the provisions of this code.

---

So to my reading, this section of the Texas code specifically denies Galveston the authority they are trying to exercise with most of those banned places in the muni code.

Edit: And I know the ways around this like standing on the first sandbar while drinking or going to a different beach or even just having a koozie and not being an idiot while drinking, but what I want to figure out is if the law I'm trying to avoid breaking is even legal to begin with.

10 years ago a Galveston cop stopped and talked to me while I was hanging out on the beach drinking beer. I didn't realize they didn't want you to there. He told me to finish the one I had and not to open another one. And he told me where I could go drink on the beach.

Seems like some criminal defendant's lawyer would have established that via a defense by now and there'd be some case law on it. We must be missing something.

Maybe the city has defined the beach as their central business district under the Loc Govt Code

Crystal Beach/Port Bolivar is unincorporated and you can drink on the beach; just not in bottles.

If the area along the sea wall (restaurants and businesses) is part of the central business district then I could see how it would be easy for Galveston to extend that line to the beach area.

woodyhayes said:

---

Crystal Beach/Port Bolivar is unincorporated and you can drink on the beach; just not in bottles.

---

I can't believe people will wait in those ferry lines to get to Bolivar. I guess the need to drink alcohol while on the beach is a motivator.

My sister used to live there and when I visited during the summer I would always park my car in the lot and board the ferry on foot. She would pick me up on the other side.

I just go to Surfside, but I live close.

Side question. We have a weekend booked on bolivar starting on a Friday. Leaving from CS. What's the easiest way to get there and by what time of day?

CS78 said:

---

Side question. We have a weekend booked on bolivar starting on a Friday. Leaving from CS. What's the easiest way to get there and by what time of day?

---

Take I10 to Winnie and skip the ferry. The ferry is break even in time only if you drive straight into a boat of your coming from anywhere north of I10.

Just in case you needed another reason NOT to go to Galveston, no booze allowed on the beach pretty much seals the deal.

Galveston hasn't allowed drinking on the beach in a long, long time.

It is the primary reason why Follet's beach is pure garbage and absolute hell to be on or even near during any major holiday, and why the Brazoria County sheriff's department's biggest days of the year are Memorial Day, July 4th and Labor Day weekends. All of the cholos, hoodrats and morons from Houston come down and absolutely wreck shop on the beach, roads and a lot of businesses don't even open their doors those weekends now.

Yeah, avoid the beaches on holidays. Friday before is usually good though.

I go to Galveston for a week every year and drink a lot of beer/cocktails on the beach every day while I'm there. Never had a problem. Even had mounted police ride by, stop and chat a while, and drive on - all while covering down on a beer. No issues at all. This was just a couple of miles west of where the Seawall ends.

I know it's a drive and I mean no offense but after spending a few months in Port A, I see no reason to go to Galveston. You can drive on the beach from the South Jetty almost all the way to North Padre Island and barely see a anyone past Cinnamon Shores. You could probably drink anything there and no one would care. Of course we were there in fall and winter. You just need a $12 beach permit.

I have never even thought twice about not taking beer to a beach in galv. No one gives a rip on west-end beaches. Don't know why people would ever go to the beach on the seawall