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Should NH allow alcohol consumption on public beaches?

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Want to crack open a cold brew on the beach? You could end up in legal trouble. Alcoholic beverages are prohibited on New Hampshire state beaches, and most New Hampshire towns have bylaws that make it illegal to drink in public, including town beaches and parks.

The rules are different in some states. In Oregon, for example, drinking is legal on almost all public beaches. Many beaches in Florida and California, or closer by on Cape Cod, also allow adults to consume alcoholic beverages, though they may ban glass containers or enforce strict penalties for public intoxication or littering.

State and local alcohol laws

There’s no law generally banning drinking in public in New Hampshire, though public intoxication is illegal here, and state rules limit drinking at most state properties, including state beaches. However, local town and city governments can—and very often do—pass ordinances that restrict when and where people can drink in public.

That means that regulation of alcohol on public beaches is largely a local governance issue, other than for beaches that are part of the New Hampshire state park system.

There’s been no effort at the state level to allow drinking on state beaches, and towns in the Granite State have largely seemed content to keep the alcohol-free status quo.

Liquor isn’t the problem

Those in favor of allowing alcohol consumption on public beaches in New Hampshire argue that adults should be able to responsibly enjoy a beer or glass of wine while on the beach. They contend that the potential problems of public drinking are already addressed by existing state laws or town ordinances, such as the ban on public intoxication or hefty fines for littering.

A dangerous idea

Opponents argue that allowing public drinking on the beach would make it a less family-friendly environment, increasing the chance of fights or noise issues. They also express concerns that adults who have been drinking will be less likely to clean up after themselves, leaving rusting cans or broken bottles behind, that can serve as a safety hazard.

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