Melbourne, FL Public Conduct: Public Alcohol Use (2026)

Sec. 6-7(a) prohibits any person from drinking, consuming or possessing an open container of alcohol on the streets, alleys, sidewalks or public parking areas located within 100 yards of any building housing an establishment open to the general public; the 100-yard buffer does not apply around buildings used primarily for residential purposes. The prohibition does not apply to the licensed premises of a commercial establishment that holds a valid sidewalk use permit or special activity permit from the city and is licensed by the Florida Department of Business and Professional Regulation's Division of Alcoholic Beverages and Tobacco specifically to sell alcohol for on-site consumption in that area.

Sec. 5 inches with lettering at least seven-sixteenths of an inch that reads: 'IT IS UNLAWFUL TO CONSUME OR POSSESS OPEN CONTAINERS OF ALCOHOLIC BEVERAGES OUTSIDE OF AND WITHIN 100 YARDS OF THIS ESTABLISHMENT. CITY CODE SEC. ' It is separately unlawful for an alcohol-selling establishment's owner to knowingly fail to post that sign, and for anyone to sell, dispense or serve alcohol at a location that is not in compliance. 1936 as a similar state-level restriction, but the 100-yard buffer and posted-sign duty are Melbourne's own local rule, layered onto whatever a special activity permit under Chapter 2 separately authorizes for an approved event.