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Daytona Beach, FL Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Ban area
Streets, sidewalks, city land/buildings
Citation
Daytona Beach City Code § 10-5
Max penalty
$500 fine / 60 days jail (§1-14)
Exceptions
5, incl. city permit or event waiver
Related bans
§10-8 (near A1A), §10-9 (near bars)

Summary

Daytona Beach bans drinking, or carrying an open container of, alcohol on any public right-of-way, sidewalk, street or alleyway, and on any city-owned or city-controlled land, building or facility. City Code § 10-5 applies citywide and only lifts for a city permit, an event waiver, a lease, or licensed commercial megacycle passengers.

(a) It is unlawful for any person to consume and for any person other than a licensed beverage salesperson or agent to carry in any cup, can or other open or unsealed container any alcoholic beverage on any public right-of-way, including streets, sidewalks, and alleyways; on lands owned or controlled by the city; or in any city-owned or city-controlled building or facility, except as provided in this section.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 78 | Land Development Code: Supplement 36).

Full Breakdown

City Code § 10-5(a) bans drinking, or carrying in an open cup, can or other unsealed container, any alcoholic beverage on any public right-of-way, including streets, sidewalks and alleyways, on land the city owns or controls, or inside any city-owned or city-controlled building or facility. The ban applies to everyone except a licensed beverage salesperson or agent moving product, and it covers the whole city, not just the beachside entertainment district. 2069 and article IV of chapter 102. Outside those five situations, an open container anywhere on a public street, sidewalk or city-controlled parcel violates the section.

Section 10-5 sits alongside related but separate rules at section 10-8, which bars open-container consumption in parking lots within 100 feet of the State Road A1A right-of-way, and section 10-9, which extends the ban to the outside premises of bars and restaurants within 200 feet of the building. 00, imprisonment for up to 60 days, or both, with each day of a continuing violation counted as a separate offense.

Violations & Fines

A section 10-5 violation defaults to the general penalty in City Code § 1-14 because chapter 10 sets no separate fine for public consumption: a fine of up to $500.00, imprisonment for up to 60 days, or both, with each day of a continuing violation treated as a separate offense. Nearby sections 10-8 and 10-9 add parallel open-container bans for parking lots and areas outside bars.

Frequently Asked Questions

Can I drink alcohol on Daytona Beach sidewalks during Bike Week?
Not automatically. City Code § 10-5(a) bans open containers on every public street and sidewalk citywide. The only way around it during Bike Week or a Speedway event is if the city commission has passed a resolution temporarily waiving the ban for that specific event and area under § 10-5(b)(2).
Does the open-container ban apply on the beach itself?
Section 10-5(a) covers public rights-of-way and land the city owns or controls, which includes city-controlled beach approaches and facilities. Unless a commission waiver, lease or chapter 82 permit applies, carrying an open container onto city-controlled beach property violates the same section as a city street.
What is the penalty for an open-container violation in Daytona Beach?
Chapter 10 has no separate fine for § 10-5, so the citywide default in § 1-14 applies: up to a $500.00 fine, up to 60 days in jail, or both, and each day the violation continues counts as its own separate offense.

Sources & Official References

Other rules in Daytona Beach

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