Brevard County, FL Public Conduct: Public Alcohol Use (2026)
Key Facts
- Citation
- Brevard County Code § 6-2
- Restricted zone
- Within 100 yards of public business
- Applies to
- Unincorporated Brevard only
- Penalty
- Misdemeanor under section 1-7
Summary
Brevard County bans drinking or carrying an open alcoholic beverage within 100 yards of any public-facing business in unincorporated areas, though not near private homes.
It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage on the premises outside of, or on any streets, alleys, sidewalks or parking areas open to the general public and located within 100 yards of, any building containing an establishment open to the general public, not including any building customarily used for residential purposes, in the unincorporated areas of the county.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 135).
Full Breakdown
Under Brevard County Code § 6-2, it's unlawful to drink, consume, or possess an open container of alcohol on the premises outside of, or on any street, alley, sidewalk, or parking area open to the public within 100 yards of any business open to the general public in the unincorporated county. The ban excludes buildings customarily used for residential purposes. It applies only outside the incorporated cities. Melbourne, Palm Bay, Titusville, Cocoa, Cocoa Beach, and Rockledge set their own open-container rules. Violators face the general penalty under section 1-7.
Violations & Fines
Violating the open-container ban is punishable under the county's general penalty section 1-7, enforced as a misdemeanor by the Brevard County Sheriff's Office or code enforcement.
Frequently Asked Questions
Can I drink alcohol on a sidewalk in unincorporated Brevard County?
Does the open-container ban apply inside Melbourne or Titusville?
Is drinking alcohol allowed near my own home in unincorporated Brevard?
Sources & Official References
Other rules in Brevard County
Florida rules heatmap·Compare Brevard County to another location·View the Florida public conduct overview
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