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New Hanover County, NC Public Conduct: Public Alcohol Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: Wilmington has its own public alcohol use rules that differ from New Hanover County's county-level regulations. If you live in Wilmington, check the city-specific page instead.

(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.

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 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?
Yes, unfortified alcoholic beverages such as beer or unfortified wine are allowed in county parks and gardens under Sec. 38-33(c), but only consistent with the parks and gardens department's own posted rules for that park; liquor and fortified wine are not covered by this exception.
What happens to alcohol seized under this rule?
Subsection 38-33(b) authorizes the county to seize and destroy any alcoholic beverage possessed or used in violation of the section; the code does not provide for its return to the owner.
Does this ban apply inside Wilmington's own city buildings?
No. This is a New Hanover County ordinance that governs county-owned or leased buildings and parking decks only; the City of Wilmington is a separate incorporated jurisdiction with its own code.
Who can authorize drinking inside a county building?
Only the county manager, and only in writing, per Sec. 38-33(a); without that written authorization, possessing or drinking alcohol in a covered county building or parking deck is a violation.

Sources & Official References

Other rules in New Hanover County

All New Hanover County rules

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