Anderson County, SC Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- Sec. 26-102
- Applies to
- Unincorporated county only
- Street clause trigger
- Requires posted signage
- Vehicle-passenger clause
- Applies without signage
- Penalty
- Misdemeanor or up to $500 civil fine
- Source ordinance
- Ord. No. 126, 2-7-1984
Summary
Anderson County makes it a misdemeanor to drink or hold an open container of beer, wine or liquor on any posted street, park or public place in the unincorporated county, or as a passenger in a moving vehicle anywhere in that area. The ban only bites in posted zones for the street clause, but the vehicle-passenger clause applies without posting.
The county council does hereby make it unlawful for any person to drink or to have in his possession or under his control in an open container any spirituous, malt, vinous, fermented, brewed or other type beer or wine which contains alcohol, and is used as a beverage, on any street, highway, park or public place not lawfully licensed to sell such beverages in the county, but not including municipalities or towns, which is posted in the following manner: Possession of Alcoholic Beverages in an Open Container on This (Street/Property) is Prohibited by Anderson County Ordinance No. 126.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 2).
Full Breakdown
Section 26-102 of the Anderson County Code targets two situations. First, it bars drinking or possessing an open container of any spirituous, malt, vinous, fermented or brewed beverage on a street, highway, park or public place in the unincorporated county, but only where the county has posted a sign reading "Possession of Alcoholic Beverages in an Open Container on This (Street/Property) is Prohibited by Anderson County Ordinance No. " Second, and separately, it bars any passenger or occupant of a motor vehicle or passenger car from drinking or possessing an open container of the same beverages on any unlicensed street, highway, park or public place in the unincorporated county.
The ordinance defines "motor vehicle" and "passenger car" as vehicles designed for travel over streets and highways, and it expressly carves out municipalities and towns within the county from its reach, since the City of Anderson and the other towns enforce their own separate open-container codes. The provision traces to Ordinance No. 126, adopted February 7, 1984, and is codified from former Code 2000 section 42-236. C. C. Code 1976 section 61-4-10 addresses open containers in motor vehicles statewide.
Violations & Fines
A violation of either clause is a misdemeanor under section 26-102(c), punished under the general penalty in section 1-7: the maximum fine and jail term a state magistrate's court may impose under S.C. Code 1976 section 22-3-550, or, as an alternative to a criminal charge, a civil penalty of up to $500.00. Each day a posted sign is ignored can be charged as a separate offense.
Frequently Asked Questions
Can I drink a beer while riding as a passenger in Anderson County?
Does the open-container sign have to be posted for a ticket to stick?
Does this ordinance apply inside the City of Anderson?
What happens if I'm convicted under section 26-102?
Sources & Official References
Other rules in Anderson County
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