Durham County, NC Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- Sec. 3-31, Ch. 3 Art. II
- Covered property
- All county-owned or controlled property
- Exception
- State-issued special concession/brown-bagging permit
- Penalty
- Class 3 misdemeanor, up to $500 fine
- Adopted
- Ord. of 2-4-19, amended 6-24-19
Summary
Durham County bans consuming or possessing an open container of any alcoholic beverage anywhere on county-owned or controlled property, including buildings, parking lots, recreational areas and Durham County Memorial Stadium. Sec. 3-31 also bars bringing alcohol into a county facility during an event and discarding beverage containers on public streets or another's private property without permission.
(a)Possession and consumption. Except as otherwise provided in this Code, it shall be unlawful for any person to consume, or possess open containers of, wine (fortified or unfortified), malt beverages, spiritous liquors, or other alcoholic beverages, or to offer same to another person, whether accepted or not, anywhere on the premises (including streets, drives and parking areas used in connection therewith) of any county-owned or controlled property, including, but not limited to, buildings, parking lots, recreational areas, or the Durham County Memorial Stadium.(c)Discarding containers. It shall be unlawful for any person to discard or deposit any malt beverage, wine (fortified or unfortified), spiritous liquors, or other alcoholic beverage container in any public place, or upon any public street, or upon the private premises of another, without permission of the owner or person entitled to possession of such premises.
Full Breakdown
Chapter 3, Article II of the Durham County Code governs alcohol on county property. Section 3-31(a) makes it unlawful to consume or possess an open container of wine, malt beverages, spiritous liquors or other alcoholic beverages, or to offer one to another person, anywhere on the premises of county-owned or controlled property, a term the code defines to reach streets, drives and parking areas connected to buildings, parking lots, recreational areas and Durham County Memorial Stadium. Section 3-31(b) separately bars anyone from entering a county facility for an event while carrying alcoholic beverages, unless a special concession or brown-bagging permit has been issued by the state ABC system.
Section 3-31(c) makes it unlawful to discard or deposit any alcoholic beverage container in a public place, on a public street, or on another's private premises without the owner's permission. Alcoholic beverages is defined in Sec. 3-30 to mean any beverage at least one-half of one percent alcohol by volume, covering malt beverages, fortified and unfortified wine, spirituous liquor and mixed beverages. The article does allow the county itself to sell or serve alcohol on county property when it complies with state ABC law (Sec.
3-32), and permits alcohol service on specific designated properties, such as the Admin. II ground-floor meeting rooms, library branches, the Durham Center for Senior Life, and the stadium under stadium-authority rules, or under a qualifying lease or event agreement (Sec. 3-33).
Violations & Fines
Violating any provision of Article II is a misdemeanor under Sec. 3-34, punishable as provided in the county's general penalty section, Sec. 1-6: a Class 3 misdemeanor carrying a fine of up to $500.00 per offense, with each day of a continuing violation treated as a separate offense. County law enforcement and facility staff enforce the ban; special-event alcohol service requires the venue operator to carry liquor liability insurance and indemnify the county.
Frequently Asked Questions
Can I bring a cooler of beer into Durham County Memorial Stadium?
Does the open-container ban cover county parks and recreational areas?
What happens if I throw an empty beer can out on a county road?
Can a caterer serve wine at a private event held in a county building?
Sources & Official References
Other rules in Durham County
Compare Durham County to another location·View the North Carolina public conduct overview
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