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Durham County, NC Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Governing section
Sec. 3-31, Ch. 3 Art. II
Covered property
All county-owned or controlled property
Exception
State-issued special concession/brown-bagging permit
Penalty
Class 3 misdemeanor, up to $500 fine
Adopted
Ord. of 2-4-19, amended 6-24-19

Summary

Durham County bans consuming or possessing an open container of any alcoholic beverage anywhere on county-owned or controlled property, including buildings, parking lots, recreational areas and Durham County Memorial Stadium. Sec. 3-31 also bars bringing alcohol into a county facility during an event and discarding beverage containers on public streets or another's private property without permission.

City-specific rules exist: Durham has its own public alcohol use rules that differ from Durham County's county-level regulations. If you live in Durham, check the city-specific page instead.

(a)Possession and consumption. Except as otherwise provided in this Code, it shall be unlawful for any person to consume, or possess open containers of, wine (fortified or unfortified), malt beverages, spiritous liquors, or other alcoholic beverages, or to offer same to another person, whether accepted or not, anywhere on the premises (including streets, drives and parking areas used in connection therewith) of any county-owned or controlled property, including, but not limited to, buildings, parking lots, recreational areas, or the Durham County Memorial Stadium.(c)Discarding containers. It shall be unlawful for any person to discard or deposit any malt beverage, wine (fortified or unfortified), spiritous liquors, or other alcoholic beverage container in any public place, or upon any public street, or upon the private premises of another, without permission of the owner or person entitled to possession of such premises.

Full Breakdown

Chapter 3, Article II of the Durham County Code governs alcohol on county property. Section 3-31(a) makes it unlawful to consume or possess an open container of wine, malt beverages, spiritous liquors or other alcoholic beverages, or to offer one to another person, anywhere on the premises of county-owned or controlled property, a term the code defines to reach streets, drives and parking areas connected to buildings, parking lots, recreational areas and Durham County Memorial Stadium. Section 3-31(b) separately bars anyone from entering a county facility for an event while carrying alcoholic beverages, unless a special concession or brown-bagging permit has been issued by the state ABC system.

Section 3-31(c) makes it unlawful to discard or deposit any alcoholic beverage container in a public place, on a public street, or on another's private premises without the owner's permission. Alcoholic beverages is defined in Sec. 3-30 to mean any beverage at least one-half of one percent alcohol by volume, covering malt beverages, fortified and unfortified wine, spirituous liquor and mixed beverages. The article does allow the county itself to sell or serve alcohol on county property when it complies with state ABC law (Sec.

3-32), and permits alcohol service on specific designated properties, such as the Admin. II ground-floor meeting rooms, library branches, the Durham Center for Senior Life, and the stadium under stadium-authority rules, or under a qualifying lease or event agreement (Sec. 3-33).

Violations & Fines

Violating any provision of Article II is a misdemeanor under Sec. 3-34, punishable as provided in the county's general penalty section, Sec. 1-6: a Class 3 misdemeanor carrying a fine of up to $500.00 per offense, with each day of a continuing violation treated as a separate offense. County law enforcement and facility staff enforce the ban; special-event alcohol service requires the venue operator to carry liquor liability insurance and indemnify the county.

Frequently Asked Questions

Can I bring a cooler of beer into Durham County Memorial Stadium?
No. Section 3-31(b) makes it unlawful to enter any county-owned event with alcoholic beverages in your possession unless the event carries a special concession or brown-bagging permit issued by the state. Stadium alcohol service is otherwise limited to arrangements the stadium authority itself approves.
Does the open-container ban cover county parks and recreational areas?
Yes. Section 3-31(a) specifically lists recreational areas, along with buildings and parking lots, among the county-owned or controlled property where consuming or possessing an open alcoholic beverage container is unlawful, in addition to the streets and parking areas connected to those properties.
What happens if I throw an empty beer can out on a county road?
Section 3-31(c) separately makes it unlawful to discard or deposit an alcoholic beverage container in any public place, on any public street, or on another person's private property without permission, regardless of whether the beverage itself was consumed lawfully or the container was already empty.
Can a caterer serve wine at a private event held in a county building?
Only under a qualifying lease or agreement. Section 3-33 lets a lessee, renter or operator serve alcohol on designated county property under a long-term or short-term agreement that specifically authorizes it, provided they meet the article's insurance, security and 30-day advance-notice requirements.

Sources & Official References

Other rules in Durham County

All Durham County rules

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