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Bonita Springs, FL Public Conduct: Public Alcohol Use (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Maximum fine
$500.00 for each offense under Section 4-49(1) or (2)
Maximum jail term
60 days in the county jail
Open container in a vehicle
Non-criminal moving traffic violation under F.S. § 316.1936
Covered places
Street, sidewalk, parkway, beach, parking lot, semi-public parking lot
Carrying rule
Original package with the seal unbroken
Alcohol threshold
One-half of one percent alcohol by volume

Summary

In the City of Bonita Springs, Florida, it is unlawful to drink any alcoholic beverage on a public street, sidewalk, parkway, beach, parking lot or semi-public parking lot. Carrying an alcoholic beverage in those places is barred unless it stays in the original package with the seal unbroken. A conviction under either rule carries a fine up to $500.00, up to 60 days in the county jail, or both.

It shall be unlawful and punishable as provided herein to: (1)Drink or consume any alcoholic beverage on a semi-public parking lot, or a public street, sidewalk, parkway, beach, or parking lot located in the city.(2)Carry or possess any alcoholic beverage, except in the original package and with the seal unbroken, on a semi-public parking lot, or a public street, sidewalk, parkway, beach, or parking lot located in the city.(3)Possess an open container of an alcoholic beverage while operating a vehicle or while a passenger in or on a vehicle being operated. ... (a)Any person convicted of violation of any of the provisions of section 4-49(1) or (2), as amended, shall be punishable by a fine not to exceed $500.00 or by imprisonment in the county jail for a period not to exceed 60 days, or both such fine and imprisonment for each such offense.(b)Any person who violates any of the provisions of section 4-49(3), as amended, shall be guilty of a non-criminal moving traffic violation as provided by F.S. § 316.1936.

Full Breakdown

Article III of Chapter 4 of the Bonita Springs Code, titled Consumption, sets three separate prohibitions in Section 4-49. Subsection (1) bars drinking or consuming an alcoholic beverage on a semi-public parking lot or on a public street, sidewalk, parkway, beach, or parking lot located in the city. Subsection (2) bars carrying or possessing an alcoholic beverage in those same places unless it is in the original package with the seal unbroken. Subsection (3) bars possessing an open container while operating a vehicle or riding as a passenger in or on a vehicle being operated.

Section 4-48 supplies the definitions that decide where the rule reaches. Alcoholic beverages means distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. A public beach is any beach within the city boundaries that is below the mean high water lines, is owned by the city, has a right of customary public use or a public easement, or is the foreshore of tidal navigable waters between the high and low water marks and owned by the state. A semi-public parking lot is any area where motor vehicles are parked by the public in conjunction with a business, enterprise, commercial establishment, office building, or apartment building, so a store, office or apartment lot is covered even though it is privately owned.

Section 4-50 lists the exemptions. The article does not apply to a person picking up empty beverage containers to collect the deposit or taking part in a litter control campaign, to a licensed distributor or vendor transporting an open container solely for commercial purposes, to wine held by a minister, pastor, priest, rabbi or other religious leader for use solely during religious services, to an open container carried in a locked glove compartment, trunk or other non-passenger area of a motor vehicle, or to a carrier holding a valid state license to sell alcoholic beverages.

Section 4-51 sets the penalties, and Section 4-20 separately routes violations of the licensed-premises rules in Article II to the general penalty in Section 1-15.

Violations & Fines

A conviction under Section 4-49(1) or (2), drinking in a covered public place or carrying an unsealed container there, is punishable by a fine not to exceed $500.00, imprisonment in the county jail for a period not to exceed 60 days, or both, for each such offense. A violation of Section 4-49(3), an open container in a vehicle, is a non-criminal moving traffic violation as provided by F.S. § 316.1936.

Frequently Asked Questions

Can I drink a beer on a public beach in the City of Bonita Springs?
No. Section 4-49(1) makes it unlawful to drink or consume any alcoholic beverage on a beach located in the city. Section 4-48 defines a public beach to include any beach below the mean high water lines, any city-owned beach, and the state-owned foreshore between the high and low water marks. A conviction carries a fine up to $500.00, up to 60 days in the county jail, or both.
Can I carry a sealed bottle of wine down a sidewalk?
Yes on the carrying question. Section 4-49(2) bars carrying or possessing an alcoholic beverage on a public street, sidewalk, parkway, beach or parking lot except in the original package with the seal unbroken. Once the seal is broken, possession in those places is unlawful, and drinking it there is separately barred by Section 4-49(1).
Does the rule apply in a shopping center or apartment parking lot?
Yes. Section 4-48 defines a semi-public parking lot as any area where motor vehicles are parked by the public in conjunction with any business, enterprise, commercial establishment, office building, or apartment building. Section 4-49 then bars drinking there and bars carrying an alcoholic beverage there unless it is in the original package with the seal unbroken.
What about an open container in a car?
Section 4-49(3) prohibits possessing an open container of an alcoholic beverage while operating a vehicle or while a passenger in or on a vehicle being operated. Section 4-50(4) exempts a container carried in a locked glove compartment, trunk or other non-passenger area. A violation of subsection (3) is a non-criminal moving traffic violation under F.S. § 316.1936, penalized apart from the fine and jail term in Section 4-51(a).

Sources & Official References

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