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Decatur, AL Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Street drinking
Barred on any street, alley, public building or public property
Open container
Barred on streets, roads, highways and in public places
Parks
Possession or use barred without city council approval
Exemptions
Passenger area (state law) and the Arts and Entertainment District
Alcohol threshold
One-half of one per cent alcohol by volume or more
Penalty
Fine of $1 to $500, up to six months

Summary

In the City of Decatur, Alabama, drinking or serving liquor, wine or beer on a street, alley, public building or other public property is unlawful. So is carrying an opened container on a public street or in a public place, and possessing or using alcohol in a public park without city council approval. The Arts and Entertainment District is exempt.

Except as authorized in the Arts and Entertainment District by the provisions of article IX of chapter 25 of this Code it shall be unlawful for any person to drink, sell, serve, dispense or give away, or attempt to drink, sell, serve or give away, any liquor, wine or malt or brewed beverages, while upon any street, alley or in any public building or upon any public property, or while in any other public place in the city. ... (b)It shall be unlawful for any person to:( ... 1)Possess any opened container containing alcoholic beverages while upon or along any public street, road or highway in the city or while on any automobile or other motor vehicle on or along any public street, road or highway in the city, or while in any other public place in the city.(2)Possess or use any alcoholic beverages at any public park, without city council approval, municipal playground, municipal recreation facility, school playground, school stadium or school recreational facility.

Full Breakdown

Two sections cover public alcohol. Section 2.5-5, Offenses in public, makes it unlawful to drink, sell, serve, dispense or give away liquor, wine or malt or brewed beverages while upon any street, alley, public building or other public property, or in any other public place in the city. Public place includes any place or gathering the public attends or is admitted to, and the section names public parks, city hall, the library, school buildings, auditoriums, stores, theaters and athletic contests. Premises licensed by the city to sell those beverages are excluded from the definition.

Section 2.5-15 targets containers. It is unlawful to possess an opened container of alcoholic beverages on or along a public street, road or highway, in a motor vehicle on one, or in any other public place. The code defines alcoholic beverages as drinks containing one-half of one per cent or more of alcohol by volume, and an opened container as one opened or unsealed after the manufacturer or importer filled and sealed it. Subsection (b)(3) also bars carrying alcohol in an open glass, cup, can or other receptacle that is not its original container. Possessing or using alcohol at any public park without city council approval, or at a municipal playground, municipal recreation facility, or school playground, stadium or recreational facility, is separately unlawful.

Two exemptions apply. An open container in the passenger area of a motor vehicle on a public highway is left to state law under Act No. 2000-670 of the Alabama Legislature. An open container inside the Arts and Entertainment District is allowed to the extent article IX of chapter 25 authorizes. Off-premises retailers must place each container in an opaque bag, box or similar covering before the customer leaves the building (Sec. 2.5-12).

Violations & Fines

Sections 2.5-5 and 2.5-15 print no penalty clause of their own, so the general penalty in Sec. 1-8 governs. A conviction is a misdemeanor carrying a fine of not less than $1.00 nor more than $500.00, and the municipal judge can add up to six months of imprisonment or hard labor. Each day a violation continues is a separate offense, and no penalty can exceed the state maximum for a substantially similar offense.

Frequently Asked Questions

Can I drink alcohol at a Decatur park?
Not without city council approval. Section 2.5-15(b)(2) makes it unlawful to possess or use alcoholic beverages at any public park without that approval, and also at municipal playgrounds, municipal recreation facilities, and school playgrounds, stadiums and recreational facilities. Section 2.5-5 separately lists public parks as a public place where drinking is unlawful.
Is a sealed bottle in my hand on the street a violation?
Subsection (b)(1) of Sec. 2.5-15 covers an opened container, which the code defines as one opened or unsealed after the manufacturer or importer sealed it. Subsection (b)(3) separately bars alcohol in an open glass, cup, can or other receptacle that is not its original container. Drinking on a street is unlawful under Sec. 2.5-5 regardless of container.
Do the rules change in the Arts and Entertainment District?
Yes. Both Sec. 2.5-5 and Sec. 2.5-15(d) carve out the Arts and Entertainment District, allowing open containers there to the extent and in the manner authorized by article IX of chapter 25 of the Decatur code. Outside the district boundaries, the street and public place prohibitions apply as written.
What is the penalty for public drinking in Decatur?
The two sections print no penalty of their own, so Sec. 1-8 applies: a misdemeanor with a fine of at least $1.00 and no more than $500.00, plus possible imprisonment or hard labor of up to six months at the municipal judge's discretion. Each day a violation continues counts as a separate offense.

Sources & Official References

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