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Clearwater, FL Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Governing section
City Code Sec. 6.31
Buffer around bars
500 feet of licensed premises
Public beach
No sale or consumption without permit
Bottle clubs
Prohibited citywide
Max fine
$500 per Sec. 1.12

Summary

Clearwater bans drinking alcohol or carrying an open container on public beaches, streets, sidewalks, parking lots and rights-of-way, and within 500 feet of any bar unless you are inside a building or on residential property. City Code Sec. 6.31 sets the ban and its narrow exceptions.

It shall be a violation for any person to consume any alcoholic beverage, or to possess any opened or unsealed container containing an alcoholic beverage, off a licensed premises and within 500 feet thereof, except within enclosed buildings, within an area occupied by another alcoholic beverage establishment when that area is licensed for such consumption, or on property occupied by residential structures... It shall be a violation for any person to sell or consume any alcoholic beverage, or to possess any opened or unsealed container containing an alcoholic beverage, at the following places, except pursuant to an alcoholic beverage special event permit... (a) On any public beach. (b) On or in any public street, alley, sidewalk, parking lot or right-of-way...

Full Breakdown

City Code Sec. 31, "Prohibited acts," is the governing open-container law. Subsection (2) makes it a violation to consume alcohol or possess an opened or unsealed container on property controlled by a licensee outside the licensed sales area. Subsection (3) extends the ban to within 500 feet of a licensed premises, measured in a straight line from the nearest licensed structure to the violation, exempting enclosed buildings, another licensed establishment's consumption area, or residential property. S. 003(53) definition, which sweeps in mall, strip-center, convenience-store, hotel and motel lots); on other publicly owned property unless rented to a private party or authorized by the owning agency; and on any part of the Courtney Campbell Recreation Area.

Exceptions apply only under an alcoholic beverage special event permit issued under Secs. 91, an outdoor cafe permit under the Community Development Code, or a state Division of Alcoholic Beverages and Tobacco license covering that location. Subsection (5) separately bans bottle clubs citywide. The section traces to Code 1980 Sec. 17 and was last amended by Ord. No. 9358-20 in February 2020.

Violations & Fines

Violating Sec. 6.31 is enforced as a code violation carrying a civil fine of up to $500 under Sec. 1.12; police officers and code enforcement officers can issue citations on the spot for open-container and public-consumption violations, and repeat conduct can escalate to county court prosecution.

Frequently Asked Questions

Can I drink on Clearwater Beach?
No. Sec. 6.31(4)(a) bars selling or consuming alcohol, or even possessing an open container, on any public beach unless covered by a special event permit, outdoor cafe permit, or a state ABT license for that location.
How close to a bar can I legally drink outside?
You must be at least 500 feet from the licensed premises, or inside an enclosed building, in another bar's own licensed outdoor area, or on residential property, per Sec. 6.31(3).
Is it legal to carry a sealed drink on the sidewalk?
Yes, the ban under Sec. 6.31(4)(b) applies to open or unsealed containers on public streets, sidewalks, alleys, parking lots and rights-of-way; a factory-sealed container is not covered.

Sources & Official References

Other rules in Clearwater

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