Atlantic City Now Permits Drinking on Boardwalk and Other Designated Areas

Starting Friday, June 12, pursuant to Mayor Marty Small’s Executive Order No. 3, Atlantic City will permit residents and tourists to walk in designated Open Container Zones, including the Boardwalk, and consume take-out alcoholic beverages.

The Open Container Zones are:

  • The Boardwalk between Sovereign Avenue and Rhode Island Avenue;
  • Non-residential areas of Gardner’s Basin;
  • The Orange Loop (Tennessee Avenue, New York Avenue, and St. James Place between Pacific Avenue and the Boardwalk); and
  • Certain public spaces with special events permits.

Beverages must be in sealed plastic containers bearing the name or logo of the licensed seller within the designated Zones. All patrons are limited to one 16-ounce drink at a time. Patrons may not remove any open container from the Open Container Zones.

All vendors permitted to sell take-out beverages must post signs at all entrances and exits informing patrons of (1) the Open Container Zone boundaries and (2) that removal of take-out beverages from designated Zones is prohibited by law.

Residents and tourists with open containers outside designated Zones are subject to fines and citations. All patrons purchasing and drinking take-out beverages in designated Zones must be at least 21 years old.

Vendors must register with the city in order to sell take-out alcoholic beverages in open container zones.

The Executive Order will expire in November or if the Governor lifts COVID-19 related restrictions, whichever date is later.

 Business owners who intend to serve take-out beverages in Atlantic City’s Open Container Zones are advised to contact municipal officials.

 If you require assistance with registering for an off-premises consumption permit for your business, please contact Nick Talvacchia, Esq. at (609)-572-7544 or, or Jennifer Barr, Esq. at (609)-572-7410 or

*Trevor Waldron is a Summer Associate in Cooper Levenson’s Atlantic City, New Jersey office.