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Nassau County, FL Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Governing section
Nassau County Code § 4-9
Covers
Unincorporated Nassau County streets, sidewalks, rights-of-way
Penalty
Up to $500 fine or 60 days jail (§ 4-10)
Exception
County- or judiciary-approved functions or events
Evidence standard
Open container is prima facie proof of violation
Related rule
Sec. 4-8 bars open containers in moving vehicles

Summary

In unincorporated Nassau County, drinking or carrying an open container of beer, wine or any alcoholic or intoxicating beverage on a public street, highway, right-of-way, sidewalk or boardwalk is unlawful under Sec. 4-9. The ban also reaches any publicly owned property set aside for public use, unless the drinking happens at a county- or judiciary-approved function, event or celebration.

These county ordinances apply to unincorporated areas of Nassau County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)It shall be unlawful for any person to consume or drink any beer, wine or other alcoholic/intoxicating beverage on any public street, highway, right-of-way, sidewalk, boardwalk or other public places not duly licensed to permit the consumption of said beverages on the premises in the unincorporated areas of the county with the exception of county or judiciary approved functions, events, or celebrations for the duration of the county or judiciary approved function, event, or celebration. ... (d)Possession of an open container containing an alcoholic/intoxicating beverage by any person in the areas prohibited by this section shall be prima facie evidence of a violation of this section.

Full Breakdown

Section 4-9 of the Nassau County Code covers the unincorporated county only; Fernandina Beach, Callahan and Hilliard enforce their own municipal codes. The section prohibits both consuming an alcoholic beverage in a public place not licensed for on-premises consumption and separately possessing an open or unsealed cup, can or other container of beer, wine or an intoxicating beverage in the same locations. Possession of an open container in a prohibited area is, by the text of subsection (d), prima facie evidence of a violation, meaning the county does not have to prove the person was actively drinking to cite them.

The only carve-out is for a county- or judiciary-approved function, event or celebration, and it lasts only for the duration of that approved event. A related but separate rule, Sec. 4-8, bars an open container inside the passenger compartment of a moving vehicle on any street, road, highway or parking lot in the unincorporated county, while Sec. 4-7 separately bans consuming alcohol while operating a motor vehicle. Sec. 4-10 sets the penalty for violating Sec. 4-9, along with Secs. 00, imprisonment for up to sixty days, or both, and each day the violation continues is charged as a separate offense.

The alcoholic beverage definitions in Sec. 4-6 sweep broadly, covering any beverage containing one-half of one percent alcohol by volume or more. Nassau County Animal Control is not involved here; enforcement runs through the Sheriff's Office and the county court under the general county-ordinance penalty scheme.

Violations & Fines

Violating Sec. 4-9 is punishable under Sec. 4-10 by a fine of up to $500.00, up to sixty days in jail, or both. Each day the open-container or public-drinking violation continues counts as a separate offense, so a standing situation can compound quickly. Possessing an open container in a banned public place is treated as prima facie proof of the violation, shifting the practical burden onto the person cited to explain the circumstances.

Frequently Asked Questions

Can I drink alcohol at a county park in unincorporated Nassau County?
Not unless the gathering is a county- or judiciary-approved function, event or celebration. Sec. 4-9 defines public places to include publicly owned or controlled property set aside for public use, so county parks and similar sites are covered by the same ban that applies to streets and sidewalks, and the exception only runs for the length of the approved event.
Is it illegal to just carry an unopened can, or only an open one?
The ban targets open or unsealed containers, cups or cans, not sealed retail packaging. Sec. 4-9(c) makes it unlawful to possess any open or unsealed container of beer, wine or an intoxicating beverage in the prohibited public places, and licensed wholesalers, distillers, retailers and jobbers moving product in the ordinary course of business are excluded.
What happens if I'm caught with an open container on a sidewalk?
You can be charged under Sec. 4-9 and, per Sec. 4-10, face a fine up to $500.00, up to sixty days in jail, or both. Because possession of the open container itself is prima facie evidence of a violation under subsection (d), deputies do not need to see you drinking to issue a citation.

Sources & Official References

Other rules in Nassau County

All Nassau County rules

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