Can you get an open container in Colorado while walking?

Q: How is open consumption different from common consumption?

Open consumption of alcohol is where people may freely walk while drinking. Examples of where open alcohol consumption is generally legal are New Orleans, Louisiana, Beale Street in Memphis, Tennessee, Savannah, Georgia, and the Las Vegas Strip, Nevada (with certain restrictions). By contrast, open public consumption is usually illegal in Colorado. However, in 2011, the Colorado General Assembly passed SB 11-273. This permitted local governments to license and regulate common consumption areas called an entertainment district. Within this limited common area, patrons may walk with open alcohol containers and not have to dump them when leaving a particular bar or tavern. But once they leave the boundaries of the entertainment district, they can no longer have an open alcoholic beverage container.

Q: Can I walk with an open container of alcohol in Denver?

In 2019, Denver passed a common consumption ordinance. Businesses may apply for a common consumption license, though at this point there are still no common consumption areas. However, people currently may consume 3.2 beer in city parks.

Q: Can I walk with an open container of alcohol in Aurora?

Currently, there is a common consumption area in Stanley Marketplace. There is a common outdoor patio where patrons can engage in alcohol consumption together, even if they bought the drinks from different establishments. Each bar gives patrons disposable cups to hold their drinks when they leave the premises with the name of the bar written on the cup.

Posted on August 22, 2022

Three people holding up beer bottles to sky — Some Colorado cities permit outdoor alcohol consumption in certain areas.

Walking with open containers of alcohol is usually illegal throughout Colorado, but there are exceptions. Local laws rather than state law largely determine where and what people may drink in public places.

Meanwhile, it is always illegal to walk with an open marijuana container in Colorado.

How is open consumption different from common consumption?

Open consumption of alcohol is where people may freely walk while drinking. Examples of where open alcohol consumption is generally legal are

New Orleans, Louisiana,
Beale Street in Memphis, Tennessee,
Savannah, Georgia, and
the Las Vegas Strip, Nevada (with certain restrictions).

By contrast, open public consumption is usually illegal in Colorado.

However, in 2011, the Colorado General Assembly passed SB 11-273. This permitted local governments to license and regulate common consumption areas called an entertainment district.

Within this limited common area, patrons may walk with open alcohol containers and not have to dump them when leaving a particular bar or tavern. But once they leave the boundaries of the entertainment district, they can no longer have an open alcoholic beverage container.¹

Can I walk with an open container of alcohol in Denver?

In 2019, Denver passed a common consumption ordinance. Businesses may apply for a common consumption license, though at this point there are still no common consumption areas.

However, people currently may consume 3.2 beer in city parks.²

Can I walk with an open container of alcohol in Aurora?

Currently, there is a common consumption area in Stanley Marketplace. There is a common outdoor patio where patrons can engage in alcohol consumption together, even if they bought the drinks from different establishments. Each bar gives patrons disposable cups to hold their drinks when they leave the premises with the name of the bar written on the cup.³

(Learn more about our Aurora criminal defense attorneys.)

Can I drive with an open container in Colorado?

Colorado’s open container laws under CRS 42-4-1305 prohibit anyone in the passenger area of a motor vehicle to have an alcohol or marijuana container with a broken seal. (The passenger area extends to the glove compartment as well.) It does not matter whether the driver is unimpaired or safely parked on a public road or public parking lot.

Open container violations are prosecuted as a class A traffic infraction. The penalties include a fine of $50 and a surcharge of $16. But drivers may also face a DUI arrest if they seem under the influence.⁴

Legal References

CRS 44-3-301; 2018 Colorado Liquor Law Changes, Colorado Department of Revenue; Liquor Common Consumption, and Common Consumption Areas: What are they and how do they work? Denver Business Licensing Center.
Conor McCormick-Cavanagh, Late to the Party: Denver’s Common Consumption Area Program Still Dry, Westword (February 24, 2022); John Wenzel, What you need to know so you can enjoy drinking beer and wine in a Denver park, Denver Post (June 12, 2019).
Meghan Lopez, Should common consumption be allowed for alcohol in Denver?, Denver 7 ABC (May 15, 2019).
CRS 42-4-1305.

About the Author

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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