New Hanover County, NC Public Conduct: Public Alcohol Use (2026)
Key Facts
- Where banned
- County buildings and parking decks
- Civil fine
- Up to $100 per violation
- Misdemeanor alternative
- Up to $100 fine or 30 days
- Enforcement tool
- Alcohol may be seized and destroyed
- Exception
- Unfortified drinks allowed in county parks
- Adopted
- Ord. of 6-17-2013
Summary
New Hanover County bans drinking or carrying an open bottle, can or container of liquor, wine, malt beverage or other alcohol inside any county-owned or leased building, including parking decks, unless the county manager authorizes it in writing. County parks and gardens are carved out for unfortified drinks. Violators face a $100 civil citation or a misdemeanor charge.
(a)No person shall drink or possess a bottle, can, or container of any intoxicating liquor, wine, malt or other alcoholic beverage as defined in G.S. 18B-101(4) while in any public building owned or controlled by county as lessee, including, but not limited to, any county parking deck, unless specifically authorized in writing by the county manager.(b)All alcoholic beverages or intoxicating liquors being possessed or used in violation of this section may be seized and destroyed.(c)This section shall not prohibit consumption or possession of unfortified alcoholic beverages within county parks or gardens, consistent with any applicable parks and garden rules, policies or procedures.(d)Anyone violating this section shall be liable for a civil citation fine of not more than $100.00 for each violation, or(e)Anyone violating this section shall be guilty of a misdemeanor, punishable upon conviction by a fine not exceeding $100.00 or imprisonment not exceeding 30 days, as provided in G.S. 14-4.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 15 Update 1).
Full Breakdown
Code of Ordinances Sec. 38-33 reaches every public building the county owns, leases, operates, occupies, manages or controls, and specifically names county parking decks as covered space. S. 18B-101(4), meaning liquor, wine, malt beverages and other intoxicants alike, not just distilled spirits. Deputies or code enforcement staff who find alcohol possessed or used in violation may seize it and destroy it outright under subsection (b); there is no return-to-owner process written into the section. Subsection (c) draws a firm line around county parks and gardens: unfortified alcoholic beverages (beer and unfortified wine, as opposed to liquor or fortified wine) may be consumed there, but only consistent with whatever rules the parks and gardens department has adopted for that specific park, so a posted picnic-area rule can still shut it down even where the county-building ban does not reach.
The only way around the building-and-deck ban itself is prior written authorization from the county manager, useful for a permitted reception or county-sponsored event held inside a county facility. New Hanover County adopted the current version by ordinance on June 17, 2013, replacing an earlier code section. The rule sits in Chapter 38, Article II, Offenses Against Property, alongside the county's firearms-posting and graffiti sections, underscoring that it is enforced as a property-control measure tied to county buildings rather than a general public-drinking law for streets or sidewalks countywide.
Violations & Fines
A first violation draws a civil citation fine of up to $100.00 per occurrence, issued the same way as other county civil penalties. Alternatively, the county can charge the conduct as a misdemeanor under G.S. 14-4, punishable on conviction by a fine of up to $100.00 or up to 30 days in jail, at the court's discretion. Any alcohol found in violation is subject to seizure and destruction regardless of which penalty track is used.
Frequently Asked Questions
Can I drink a beer in a New Hanover County park?
What happens to alcohol seized under this rule?
Does this ban apply inside Wilmington's own city buildings?
Who can authorize drinking inside a county building?
Sources & Official References
Other rules in New Hanover County
Compare New Hanover County to another location·View the North Carolina public conduct overview
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