Miami Beach, FL Public Conduct: Public Alcohol Use (2026)

City Code Sec. 70-87 makes it unlawful to consume, serve, sell, or possess an open container of alcohol in any public place in the city, defined by Sec. 70-86 as any public street, sidewalk, right-of-way, pedestrian mall, park, playground, beach, or beach access. The only exceptions are sidewalk cafe concession areas with a valid city concession agreement during their authorized alcohol-service hours, and public areas covered by a valid lease, concession, license, or special event permit during the hours that agreement allows. Package stores and food stores licensed to sell alcohol must post a sign, in letters at least half an inch tall, at every entrance and at the main customer exit, warning that open-container consumption, sale, or possession in public is unlawful and that violators face criminal prosecution; failing to post the sign is itself a violation.

Establishments authorized to sell alcohol on public property also cannot let a patron carry an open or unsealed container off the licensed premises or event area. A first violation of the core open-container ban is a criminal offense punishable by up to a $250 fine or 30 days in jail, or both, with a second or later conviction rising to $500 or 60 days, or both. The signage and sale-restriction provisions instead carry civil fines starting at $1,000 for a first offense up to $5,000 for a fourth or later offense within 12 months, enforced by the code compliance department, with a special magistrate authorized to suspend or revoke a business tax receipt after four violations in a year.