Tuscaloosa, AL Public Conduct: Public Alcohol Use (2026)
Key Facts
- Prohibited act
- Drinking/holding open alcohol in public
- Includes
- Any motor vehicle on public streets
- Exception
- Licensed venues; permitted entertainment district
- Penalty
- Up to $500 fine, up to 6 months
- Adopted
- Ord. No. 3314, 10-15-91
Summary
Tuscaloosa bans drinking or carrying an open container of any alcoholic beverage in public, including inside a vehicle on city streets, under City Code Sec. 3-12. The only exception is a place licensed to sell alcohol for on-premises consumption, or an area a city permit specifically allows drinking in, such as the downtown entertainment district.
It shall be unlawful for any person to drink or to have in open or unconcealed possession or custody for drinking any alcoholic beverage at or in any public place other than a place licensed to sell alcoholic beverages for consumption on the premises. For purposes of this section, the words "public place" shall include without limitation any motor vehicle while on the public streets or other public place and shall also include without limitation any "public place" as defined by section 13A-11-1(2), Code of Alabama, 1975. It is provided, however, that the words "public place" shall not mean or include any area in which a city permit and all applicable state and local laws and licenses, specifically allow alcoholic beverages to be sold, served, or consumed.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102).
Full Breakdown
Sec. 3-12 makes it unlawful for any person to drink or to have in open or unconcealed possession or custody for drinking any alcoholic beverage at or in any public place, other than a place licensed to sell alcoholic beverages for on-premises consumption. The definition of 'public place' is deliberately broad: it reaches any motor vehicle while on the public streets or other public place, and it incorporates the state definition at Code of Alabama Sec. 13A-11-1(2). That state cross-reference sweeps in sidewalks, parking lots, parks and any other place the public has access to, meaning an open beer in a parked car on a city street counts the same as one carried down the sidewalk.
The only built-in exception covers an area where a city permit and all applicable state and local laws and licenses specifically allow alcoholic beverages to be sold, served, or consumed. In practice that exception is used for the arts and entertainment district created under Sec. 3-51, which lets patrons carry an approved 16-ounce cup of alcohol purchased from a participating licensee anywhere within the district's boundaries during operating hours, but Sec. 3-12 still applies to any vehicle in the district and to any private or posted property inside it.
Outside a permitted district or a licensed on-premises venue, there is no grace for tailgating, festival grounds without a permit, or drinking on a porch that faces a public right-of-way if the container is visible and open. The ordinance was adopted by Ord. No. 3314 in 1991 and traces back to the original 1962 Code section 3-16, and it operates independently of the state public intoxication statute at Sec. 13A-11-10, so a person can be cited under the city ordinance without being visibly drunk.
Violations & Fines
No penalty is written into Sec. 3-12 itself, so a conviction falls under the Code's general penalty, Sec. 1-8: a fine of up to five hundred dollars ($500.00), plus, at the trial judge's discretion, confinement in city jail or hard labor for the city for up to six months. Each day of a continuing violation is treated as a separate offense.
Frequently Asked Questions
Can I walk down a Tuscaloosa street with an open beer?
Does the ban apply inside my own car?
What is the entertainment district exception?
What happens if I'm caught with an open container?
Sources & Official References
Other rules in Tuscaloosa
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