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Sioux Falls, SD Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Covered beverages
Open/unsealed spirits, wine, malt beverages
Covered areas
City property, streets, alleys, sidewalks
Parks exemption
City parks excluded (Ch. 95 governs)
Licensed-premises exception
On-sale licensee premises exempt
Max penalty
$500 fine or 30 days jail

Summary

Sioux Falls makes it unlawful to drink, attempt to drink, or carry an open or unsealed distilled spirit, wine, or malt beverage in any public place, including city streets, alleys, and sidewalks.

It shall be unlawful for any person to drink or consume, attempt to drink or consume, or have in their possession any open or unsealed distilled spirit, wine or malt beverage, as defined by state laws, in any public place except upon the licensed premises of an on-sale licensee... the term “public place” means any place, whether in or out of a building, owned, leased, or managed by the city and any public street, alley, highway or public sidewalk. ...the term “public place” does not include city parks...

Source: SD Codified Laws Title 35-1View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-135: Current through local ordinance 54-26, passed 7-14-2026).

Full Breakdown

City Code § 111.023 bars drinking or possessing an open or unsealed alcoholic beverage in any "public place," defined as city-owned, leased, or managed property plus public streets, alleys, highways, and sidewalks. The ban does not cover city parks (governed separately under Chapter 95) or licensed on-sale premises, a location permitted under SDCL 35-1-5.5, or a furniture-zone limited lease under § 117.061. No specific fine is listed for this section, so the citywide general penalty in § 10.999 applies.

Violations & Fines

Violation is a misdemeanor under the general penalty, § 10.999: up to a $500 fine, up to 30 days in the county jail, or both; each day of continuing violation is a separate offense.

Frequently Asked Questions

Can I drink alcohol on a Sioux Falls sidewalk?
No. City Code § 111.023 makes it unlawful to drink or carry an open alcoholic beverage on any public street, alley, or sidewalk.
Are city parks included in the open-container ban?
No. § 111.023 specifically excludes city parks as defined in Chapter 95, which has its own separate alcohol rules.

Sources & Official References

Other rules in Sioux Falls

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All Sioux Falls rules

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