# Legal way around an alcohol beach ban? **URL:** \ **Category:** Factual Questions\ **Created:** [September 5, 2008, 8:22pm UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233 "2008-09-05T20:22:46Z")\ **Posts on this page:** 18\ **Page:** 2
**Author:** ![ookpik](https://avatars.discourse-cdn.com/v4/letter/o/c68b51/32.png) [@ookpik](https://boards.straightdope.com/u/ookpik)\ **Post date:** [September 6, 2008, 2:26am UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/21 "2008-09-06T02:26:42Z")
We have very similar rules in National Parks in Canada. In their Campgrounds, there are posted rules indicating that NO AlCOHOL is allowed, period. However, this type of “rule” is posted in order to allow the park staff to eject parties that are being idiots. If you set up camp with a couple of bottles of wine, or a case of beer and RESPECT other campers rights…i.e not make a ruckus, no one will bother you. These rules, and others along the same line are posted in order to allow staff to eject folks that are simply going too far and making life unbearable for others. Just my .02 ---
**Author:** ![IAmNotSpartacus](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@IAmNotSpartacus](https://boards.straightdope.com/u/IAmNotSpartacus)\ **Post date:** [September 6, 2008, 2:39am UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/22 "2008-09-06T02:39:05Z")
> [@askeptic](#): > > Cite? To my knowledge as long as you are below 0.08% BAC you are within the law. I have none. Apparently my understanding was incorrect. According to the California Department of Boating and Waterways, there is no open container law applicable to boats. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [September 6, 2008, 3:41am UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/23 "2008-09-06T03:41:33Z")
> [@Sigene](#): > > According to Mike V. above, its not illegal to possess alcohol in a cooler, or even outside a cooler. It’s illegal to **consume** it. So it would seem that transporting it in a cooler from the car over the beach onto an inner tube isn’t breaking this particular law. I didn’t read the cites when I made the comment. I just wanted to point out that there is a HUGE difference between an open container and a closed one, in the eyes of the law. When discussing these types of things, you must first know if alcohol is compleatly banned or just open containers. My comment was directed at **Yarster** who said “I don’t think anyone could argue it is illegal to transport beer across a beach without opening it, any more so than it would be drinking in public by moving unopened beer from your car to your house” without knowing wheather the law was directed at open containers or alcohol in general. **Yarster** , I was only kinda splitting hairs. If alcohol was compleatly banned on the beach in question, then ‘transporting’ it across the beach would, I assume, be illegal since alcohol isn’t allowed. OTOH if it is illegal to consume alcohol on the beach, then transporting it would be okay. Since the site said (after you said you didn’t know what the law said, specifically) it is illegal to consume alcohol on the beach, I assume it’s okay, to transport it across the beach. But if it had said it’s illegal to possess it on the beach then it would be illegal and your example would be wrong. Welcome to the SDMB, the land of hairsplitting. ---
**Author:** ![Nefarious\_Chipmunk](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nefarious_chipmunk/32/1045_2.png) [@Nefarious\_Chipmunk](https://boards.straightdope.com/u/Nefarious_Chipmunk)\ **Post date:** [September 6, 2008, 6:38am UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/24 "2008-09-06T06:38:29Z")
Where I live, there is a river that is very popular for tubing. The launch point (a California State Park) has a no alcohol rule. The way it works there is that you are allowed to open the alcohol after you get in the water, but not before. Labor Day Weekend used to be a huge problem with 20,000 college students getting drunk as they floated down the river in the 100 degree heat. After talking to multiple officers from multiple agencies (including the local PD, Fish and Wild Life Wardens, State Park Rangers, and CHP) they all told me the same thing. They couldn’t keep the students from drinking once they were on the water and they couldn’t keep them from bringing closed containers to the shore (unless no valid ID was present), so there was nothing they could legally do to stop this highly dangerous event except hope to manage the losses by having all agencies and over 50 officers patrolling the event to rescue people when it went wrong. I guess the point of my story is that in some places this is truly a legal thing to do. I do not know if this applies to the locations you are referring to or not, but it is certainly possible. Why don’t you just call the local agency and ask? They might not advertise it, but I am sure they would tell you if you asked. ---
**Author:** ![askeptic](https://avatars.discourse-cdn.com/v4/letter/a/eb9ed0/32.png) [@askeptic](https://boards.straightdope.com/u/askeptic)\ **Post date:** [September 6, 2008, 9:51am UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/25 "2008-09-06T09:51:24Z")
> [@heraldgwena](#): > > Where I live, there is a river that is very popular for tubing. The launch point (a California State Park) has a no alcohol rule. The way it works there is that you are allowed to open the alcohol after you get in the water, but not before. > > Labor Day Weekend used to be a huge problem with 20,000 college students getting drunk as they floated down the river in the 100 degree heat. After talking to multiple officers from multiple agencies (including the local PD, Fish and Wild Life Wardens, State Park Rangers, and CHP) they all told me the same thing. They couldn’t keep the students from drinking once they were on the water and they couldn’t keep them from bringing closed containers to the shore (unless no valid ID was present), so there was nothing they could legally do to stop this highly dangerous event except hope to manage the losses by having all agencies and over 50 officers patrolling the event to rescue people when it went wrong. > > I guess the point of my story is that in some places this is truly a legal thing to do. I do not know if this applies to the locations you are referring to or not, but it is certainly possible. Why don’t you just call the local agency and ask? They might not advertise it, but I am sure they would tell you if you asked. You do know that they have instituted a complete ban on alcohol possession on that part of the American River right? Open container closed container, it doesn’t matter. Oh and howdy neighbor. ---
**Author:** ![Acid\_Lamp](https://avatars.discourse-cdn.com/v4/letter/a/d6d6ee/32.png) [@Acid\_Lamp](https://boards.straightdope.com/u/Acid_Lamp)\ **Post date:** [September 6, 2008, 11:53am UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/26 "2008-09-06T11:53:52Z")
> [@Morgenstern](#): > > Why not frequent one of the many establishments on the boardwalk that offer legal drinking instead of trying to outsmart the local authorities? Why risk a citation or arrest for a beer or two? Most likely because many people dislike paying 300% mark-up on their beverage of choice. I can buy a six pack for $6-$8 us dollars. Many of those establishments charge $4-$6 dollars a pint. This also means that they have to get out of the surf, probably dry off, put on a shirt, stop playing frisbee etc, etc.. (Yes, I KNOW that there are cabana type beach bars; they are usually not found on beaches with an outright alcohol ban.) ---
**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\ **Post date:** [September 6, 2008, 2:52pm UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/27 "2008-09-06T14:52:59Z")
> [@jtgain](#): > > Not to be off-topic, but every beach in this country that I have been to which bans alcohol doesn’t give two shits about it so long as you are discreetly drinking and not riotoriously drunk. > > The want to promote a friendly, family image and have a beach free of wild booze parties and people passed out face first in the surf. > > I know this is anecdotal, but take your cooler to the beach and pour your beer into a big plastic cup. The worst that would happen is nothing at all. > > (Anecdotes from MD, VA, NC, SC, GA, and FL) I was going to make pretty much the same exact comment. I have consumed huge volumes of alcohol in my lifetime on beaches that were posted “no alcohol”. My friends and I have been discrete and have never been bothered. My current favorite beach or kayak drink involves [Lipton diet iced green tea with citrus](http://www.liptont.com/our_products/iced_tea/ice_diet_green_citrus.aspx). I open a 20 ounce bottle, drink 1/4 to 1/3 of the bottle, then replace what I drank with vodka. I call this concoction _A Cry For Help._ Mmmmmmmmm! ---
**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\ **Post date:** [September 6, 2008, 3:09pm UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/28 "2008-09-06T15:09:52Z")
> [@askeptic](#): > > Cite? To my knowledge as long as you are below 0.08% BAC you are within the law. Depends on state law (and in some cases on municipal law). There are statutes where doing X with the most minuscule trace of alcohol in one’s blood constitutes a crime; there are others where the 0.08% standard defines the difference. Anyone know California’s BUI law? My hunch is that **askeptic** is correct, or there’ll be some angry beer-drinking fishermen on lakes in the Sierras. But I felt that noting that 0.08% BAC is not a universal legal standard was worth doing. ---
**Author:** ![Nefarious\_Chipmunk](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nefarious_chipmunk/32/1045_2.png) [@Nefarious\_Chipmunk](https://boards.straightdope.com/u/Nefarious_Chipmunk)\ **Post date:** [September 6, 2008, 3:32pm UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/29 "2008-09-06T15:32:57Z")
> [@askeptic](#): > > You do know that they have instituted a complete ban on alcohol possession on that part of the American River right? Open container closed container, it doesn’t matter. Oh and howdy neighbor. It’s not the American River that I am talking about, but the Sacramento River. There is no ban. I am sure of it, because I actually work for State Parks. They wish they could get a ban, but no dice. Howdy 😃 ---
**Author:** ![askeptic](https://avatars.discourse-cdn.com/v4/letter/a/eb9ed0/32.png) [@askeptic](https://boards.straightdope.com/u/askeptic)\ **Post date:** [September 6, 2008, 4:18pm UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/30 "2008-09-06T16:18:34Z")
> [@Polycarp](#): > > Anyone know California’s BUI law? [QUOTE=California Harbors and Navigation Code 655] (c) No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. [/QUOTE] NB: it is illegal to water ski under the influence, not just drive the boat but the person getting pulled can be cited for BUI (Boating under the influence) ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [September 7, 2008, 3:42am UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/31 "2008-09-07T03:42:23Z")
Here in Northern California such rules are pretty widely flaunted (they aren’t as universal but alot of beaches have a ban). As long you pour it out into a plastic cup, and are not being rowdy, you’re generally fine. Coming from Europe, it was one of the things that shocked me about the California’s attitude to booze on beaches. I mean come on, beaches and booze go hand in hand 🙂 ---
**Author:** ![Cyberhwk](https://avatars.discourse-cdn.com/v4/letter/c/7993a0/32.png) [@Cyberhwk](https://boards.straightdope.com/u/Cyberhwk)\ **Post date:** [September 7, 2008, 5:57am UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/32 "2008-09-07T05:57:09Z")
> [@Punoqllads](#): > > So being in the water means you’re not on the public beach, but does the water count as being on “public property”? No clue in the OP’s jurisdiction but my uncle has a house on what he calls a “river” but what would be liberally called a stream. Roughly 20 feet across, usually a foot deep, but in some places no more than a couple inches. Strangely enough, he owns the land to the middle of the stream, but NOT the stream. So you can legally float down the river, but not WALK down the river. You can inter tube 6 inches off the stream bottom, but you touch stream bottom, and you’re technically trespassing. 😛 /No he doesn’t say anything, only tells people to stay in the river and out of his back yard. ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [September 7, 2008, 6:48am UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/33 "2008-09-07T06:48:16Z")
> [@griffin1977](#): > > Here in Northern California such rules are pretty widely flaunted … Well, as long as they don’t _flout_ the rules, the authorities can’t touch them. 🙂 ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [September 7, 2008, 6:15pm UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/34 "2008-09-07T18:15:00Z")
> [@ookpik](#): > > We have very similar rules in National Parks in Canada. > > In their Campgrounds, there are posted rules indicating that NO AlCOHOL is allowed, period. When we canoeing in Algonquin a couple of years back (a national forest/park/campground), there was no prohibition against alcohol _per se_. The normal prohibitions applied, though – no glass, no cans, bring your trash back out with you. This is where I lost my reservations about “The Beer Store,” in that they were _exceptionally_ helpful in helping us choose beer that was sold in plastic bottles! After a 15km water taxi ride, 2.2 km portage (two trips for me!), and a 45 minute canoe ride, it was absolutely imperative to enjoy a cold beer at that point. ---
**Author:** ![ChrisBooth12](https://avatars.discourse-cdn.com/v4/letter/c/e95f7d/32.png) [@ChrisBooth12](https://boards.straightdope.com/u/ChrisBooth12)\ **Post date:** [September 7, 2008, 6:33pm UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/35 "2008-09-07T18:33:02Z")
> [@heraldgwena](#): > > It’s not the American River that I am talking about, but the Sacramento River. There is no ban. I am sure of it, because I actually work for State Parks. They wish they could get a ban, but no dice. > > Howdy 😃 Sacramento river huh? I go rafting there a lot and always bring beer. I was under the impression it is legal EXCEPT on labor day. ---
**Author:** ![Nefarious\_Chipmunk](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nefarious_chipmunk/32/1045_2.png) [@Nefarious\_Chipmunk](https://boards.straightdope.com/u/Nefarious_Chipmunk)\ **Post date:** [September 8, 2008, 3:00am UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/36 "2008-09-08T03:00:21Z")
> [@ChrisBooth12](#): > > Sacramento river huh? I go rafting there a lot and always bring beer. I was under the impression it is legal EXCEPT on labor day. I don’t know about where you go rafting on the river, but round these parts that rumor goes around, but isn’t actually true (although, the rangers are not unhappy when it goes around). They are much more stringent about enforcement, but as long as you are of legal age and only have cans (no glass) smaller then a certain size, and a valid ID, they can’t stop you from taking closed containers down to the water. This was true up to last weekend, at least. ---
**Author:** ![control-z](https://avatars.discourse-cdn.com/v4/letter/c/eada6e/32.png) [@control-z](https://boards.straightdope.com/u/control-z)\ **Post date:** [September 8, 2008, 3:54pm UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/37 "2008-09-08T15:54:50Z")
Addressing another aspect of that idea, is it very practical to be in the ocean in an innertube? I would think you’d constantly be getting pushed out to sea or in towards the beach, or sideways. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 8, 2008, 4:29pm UTC](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233/38 "2008-09-08T16:29:43Z")
> [@control-z](#): > > Addressing another aspect of that idea, is it very practical to be in the ocean in an innertube? I would think you’d constantly be getting pushed out to sea or in towards the beach, or sideways. As long as you aren’t pushed out to sea, not a problem. [Previous page](https://boards.straightdope.com/t/legal-way-around-an-alcohol-beach-ban/462233.md?page=1)