Cary, NC Public Conduct: Public Alcohol Use (2026)
Key Facts
- Penalty
- Misdemeanor
- Covers
- Streets, sidewalks, alleys, bridges
- Exception
- Encroachment area + ABC permit
- Exception
- Social districts during posted hours
- Vehicle occupants
- Exempt
Summary
The Town of Cary bans open containers and drinking of malt beverages or wine on public streets, with narrow exceptions for approved consumption areas and designated social districts.
It shall be unlawful for any person to possess an open container of or consume malt beverages or unfortified wine on any public street, except that such possession and consumption shall be permitted (i) within the area encompassed by a valid encroachment agreement granted by the town...so long as appropriate ABC permits are in effect; or (ii) within a social district during its hours of operation provided that all rules, regulations and laws governing the consumption of alcohol within the social district are adhered to.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2023 S-87_S-57: Current through local ordinance 2022-Code-05, passed 11-17-2022 and effective 11-17-2022 | LDO: Current through local ordinance 2022-LDO-04, passed 11-17-22 and effective 11-17-22).
Full Breakdown
Town of Cary Code § 22-79 bans possessing an open container of, or consuming, malt beverages or unfortified wine on any public street, sidewalk, alley or bridge within town limits. The ban lifts only inside a town-approved outdoor consumption area covered by a valid encroachment agreement and ABC permit, or inside a designated social district (currently the Downtown Cary Park Social District, 11 a.m.-11 p.m. daily) during posted hours. Occupants of a motor vehicle are exempt. Similar rules and exceptions apply to consumption on town-owned property.
Violations & Fines
Violating Sec. 22-79 is a misdemeanor, in addition to any applicable civil penalties or other remedies the Town of Cary may pursue.
Frequently Asked Questions
Can I drink beer on a Cary sidewalk?
What's the penalty for an open container in Cary?
Sources & Official References
Other rules in Cary
Compare Cary to another location·View the North Carolina public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Public Alcohol Use in Nearby Cities
How other cities in Wake County handle public alcohol use.