Durham, NC Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- City Code § 46-149
- Covers
- Beer and wine only, not liquor
- Exempt
- Vehicle occupants, pub-bike passengers
- Exception 1
- City-manager-permitted community events
- Exception 2
- Active Social District hours (Ch. 54, Art. VII)
- Penalty
- Misdemeanor
Summary
Durham bars possessing or drinking an open beer or wine container on any public street under City Code § 46-149. Vehicle occupants and pub-bike passengers are exempt, but everyone else needs a city-manager-issued event permit or must be inside the downtown Social District's active hours to legally drink outside.
(b)Possession of open containers. No person, other than an occupant of a motor vehicle or a passenger on a pub bike, shall possess an open container of beer or wine on any public street except as permitted in subsection (e) of this section.(c)Disposal of containers. No person shall drop, throw, cast, or deposit any used wine or beer container upon any public street or upon any public or private property without the consent of the owner.(d)Consumption of alcoholic beverages on public streets. No person, other than an occupant of a motor vehicle or a passenger on a pub bike, shall consume beer or wine on any public street except as permitted in subsection (e) of this section...(f)In addition to any other remedy available in the Code, violation of this section is a misdemeanor.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
ch. 18B), not liquor. Subsection (b) makes it unlawful for anyone other than a motor-vehicle occupant or a pub-bike passenger to possess an open container of beer or wine on a public street, and subsection (d) separately bans consuming beer or wine on a public street under the same exemption. Subsection (c) makes it a distinct offense to drop, throw, cast, or deposit a used wine or beer container on any public street or on public or private property without the owner's consent, so littering the empty can is its own violation even away from the drinking spot.
Two carve-outs exist under subsection (e): the city manager can issue a written permit for a community-sponsored function or celebration, which can also authorize on-site beer and wine sale and service within event boundaries; and possession and consumption is allowed inside the boundaries and active hours of a designated Social District under Chapter 54, Article VII. Outside those two situations, an open container anywhere on a Durham public street, sidewalks included, since "public street" is defined to cover them, is unlawful.
Violations & Fines
Violating any part of section 46-149, possessing an open container, drinking in public, or improperly disposing of the container, is a misdemeanor, in addition to any other remedy available under the Code. Durham police can cite each act separately, so possessing an open container and later discarding it on private property without consent can generate two distinct charges.
Frequently Asked Questions
Can I carry an open beer while walking through downtown Durham?
Does Durham's open-container law cover liquor?
Is it legal to drink in a car parked on a Durham street?
Sources & Official References
Other rules in Durham
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