Flagler County, FL Public Conduct: Public Alcohol Use (2026)
Key Facts
- Rule
- No open containers of event alcohol beyond site line
- Duty falls on
- The special-event alcohol licensee
- Scope
- Alcohol sold at a permitted special event only
- Separate rule
- County parks require a permit to drink, Sec. 23-2(20)
- Max penalty
- $500 fine and/or 60 days jail
Summary
Flagler County bars carrying an open container of alcohol sold at a county-permitted special event beyond that event's designated site boundary. The rule is scoped to alcohol sold on the special-event premises under Chapter 21 of the county code and does not create a general public-drinking ban across unincorporated Flagler County.
Alcohol and beverage sales conducted on the property on which the special event is being held shall be in accordance with Florida Statutes and Flagler County Code. Furthermore, it is the responsibility of the alcohol licensee to ensure that no open containers of alcohol sold on the premises shall be permitted beyond the designated special event site.
Full Breakdown
Sec. 21-61 of the Flagler County Code, adopted by Ord. No. 03-12, Section 11, on August 18, 2003, provides that alcohol and beverage sales conducted on the property where a special event is held must comply with Florida Statutes and the Flagler County Code, and places responsibility squarely on the alcohol licensee: the licensee must ensure that no open container of alcohol sold on the premises is permitted beyond the designated special-event site. The section is deliberately narrow. It governs only alcohol sold at a special event that has already been permitted under the Special Events Ordinance, Sec.
21-53 through 21-80, held on unincorporated county land; it does not establish a stand-alone open-container or public-consumption ordinance for streets, parks or other public property in unincorporated Flagler County outside that event context. Any special-event alcohol sales also remain subject to separate state and county alcoholic-beverage licensing requirements, and Sec. 23-2(20) and (23) of the county's parks ordinance separately bar possessing or consuming alcohol in a county park, or selling it there, without a county permit. Because the enforcement duty in Sec. 21-61 falls on the licensee rather than the individual drinker, a licensee that fails to keep sold alcohol within the event boundary is the party exposed to the county's Special Events Ordinance penalties, in addition to any separate state alcoholic-beverage-license consequences.
Violations & Fines
A special-event alcohol licensee who allows an open container of alcohol sold on the premises to leave the designated event site violates Sec. 21-61 and is subject to the Special Events Ordinance's general penalty in Sec. 21-80: prosecution as a misdemeanor with a fine up to $500.00, up to 60 days in county jail, or both, plus code-enforcement or civil remedies such as injunctive relief.
Frequently Asked Questions
Is public drinking illegal everywhere in unincorporated Flagler County?
Who is responsible if a patron carries a drink off the special-event grounds?
Does the county still require an alcohol license for special-event sales?
Sources & Official References
Other rules in Flagler County
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