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Miami-Dade County, FL Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Buffer distance
100 feet from covered locations
Covered locations
package/food stores, churches, schools, day cares, funeral homes
Max penalty
$500 fine and 60 days jail
Sign posting fines
$50 first offense, up to $300 later
Governing law
Miami-Dade County Code § 21-31.2

Summary

Miami-Dade County Code § 21-31.2 bans drinking or holding an open alcoholic-beverage container within 100 feet of any package store, food store selling alcohol, church, school, day care, senior center, or funeral home.

City-specific rules exist: Homestead, Hialeah, Miami, Miami Beach, and Coral Gables have their own public alcohol use rules that differ from Miami-Dade County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

It is a public nuisance and shall be unlawful and in violation of this section for any person to consume any alcoholic beverage while within one hundred (100) feet of any package store or food store selling alcoholic beverages, property regularly used for religious purposes, community center, senior citizens' center, day care center, funeral home, or school.

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 135).

Full Breakdown

Miami-Dade County Code § 21-31.2 makes it a public nuisance to consume alcohol, or to stand or remain holding an open alcoholic-beverage container, within 100 feet of any package store, food store licensed to sell alcohol, church or other religious property, community center, senior center, day care, funeral home, or school. Package stores and qualifying food stores must post warning signs at every entrance and near alcohol coolers. Violating the drinking/open-container ban carries up to a $500 fine and 60 days in jail, or referral to the County's diversion program; sign-posting violations escalate from a $50 first-offense fine to $150-$300 or jail time. The section carries no unincorporated-only limit, so Miami-Dade enforces it under its general police power.

Violations & Fines

Consuming or holding an open alcohol container within 100 feet of a package store, church, school, day care, senior center, or funeral home; failing to post required warning signs at package/food stores selling alcohol.

Frequently Asked Questions

Can I drink alcohol on the sidewalk near a Miami-Dade liquor store?
No. Section 21-31.2 makes it unlawful to consume alcohol or hold an open container within 100 feet of any package store, food store selling alcohol, church, school, day care, senior center, or funeral home.
What's the penalty for violating Miami-Dade's open-container rule?
Up to a $500 fine and 60 days in jail, or completion of the County's diversion program, at the court's discretion; each violation is a separate offense under § 21-31.2(d).
Does this apply inside private religious event spaces?
No. The 100-foot buffer doesn't apply to alcohol served by the religious organization, community center, senior center, day care, funeral home, or school itself as part of its own event on its own premises.

Sources & Official References

Other rules in Miami-Dade County

All Miami-Dade County rules

Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida public conduct overview

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