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Montgomery, AL Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Governing section
City Code Sec. 3-10
Covers
Streets, public buildings, public property, vehicles
Exceptions
Entertainment district, permitted municipal areas
Enforcement
Montgomery Police Department
Amended by
Ord. No. 71-2012, Nov. 6, 2012

Summary

Montgomery, Alabama bans drinking or selling alcohol on streets, sidewalks, public buildings and public property citywide, including inside any vehicle on a public street. The ban lifts only inside a designated entertainment district or wherever a city permit specifically allows on-site consumption.

It shall be unlawful for any person to consume, sell, serve, dispense or give away any alcoholic beverage, or attempt to consume, sell, serve, dispense or give away any alcoholic beverage, while upon any street or in any public building or upon any public property, or while in any other public place in the city, provided, however, a public place does not include a municipal facility or municipal location when authorized or permitted by city, an area within a designated entertainment district or any area in which a city permit and all applicable state and local laws and licenses, specifically allow alcoholic beverages to be sold, served, or consumed. For purposes of this section, the words "public place" shall include any motor vehicle while on the public streets or also include any "public place" as defined by Code of Ala. 1975, § 13A-11-1(2).

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 27).

Full Breakdown

City Code Sec. 3-10 makes it unlawful to consume, sell, serve, dispense or give away any alcoholic beverage, or attempt to do so, while on any street, in any public building, on public property, or in any other public place within Montgomery, Alabama. The section extends the ban to "any motor vehicle while on the public streets," closing the loophole of drinking inside a parked or moving car. Three carve-outs exist: a municipal facility or location when the city itself authorizes or permits alcohol, a designated entertainment district, and any area covered by a city permit plus all applicable state and local licenses that specifically allow sale, service or consumption.

The ordinance imports the state definition of "public place" from Code of Ala. 1975, § 13A-11-1(2) as an alternative, broadening enforcement beyond the local list of locations. Sec. 3-10 was retitled from "Drinking, selling, serving or giving away in public places" to its current wording by Ord. No. 71-2012 (Nov. 6, 2012), which also folded in the entertainment-district exception. The rule sits in Chapter 3, Alcoholic Beverages, alongside Sec. m. Sunday), so a person can be lawfully served inside a licensed bar at an hour when carrying that same drink out the door onto the sidewalk becomes a separate violation.

Violations & Fines

Violating Sec. 3-10 is a misdemeanor prosecuted in Montgomery Municipal Court under the general penalty provision of City Code Sec. 1-6. Montgomery Police Department officers issue citations for open containers on streets, sidewalks and in vehicles; officers may seize the container as evidence. A conviction carries a fine and possible court costs, and repeat violations near licensed premises can trigger separate ABC board scrutiny of the establishment's license.

Frequently Asked Questions

Can I drink alcohol on a Montgomery sidewalk?
No. Sec. 3-10 makes it unlawful to consume alcohol on any street, sidewalk, public building or public property in Montgomery, Alabama unless the location is inside a designated entertainment district or covered by a specific city permit allowing consumption.
Does the open container law apply inside my car?
Yes. Sec. 3-10 explicitly defines a public place to include any motor vehicle while it is on a public street, so drinking inside a parked or moving vehicle on a Montgomery street is treated the same as drinking on the sidewalk.
Are entertainment districts exempt from the ban?
Yes, but only within the designated boundaries. Sec. 3-10 excludes an area within a designated entertainment district, or any area where a city permit and applicable state and local licenses specifically allow alcohol to be sold, served or consumed.

Sources & Official References

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