Skip to main content
CityRuleLookup

Brevard County, FL Public Conduct: Public Alcohol Use (2026)

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

City-specific rules exist: Titusville, Melbourne, Palm Bay, and Cocoa have their own public alcohol use rules that differ from Brevard County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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.

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 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?
No. Brevard County Code § 6-2 bans open containers on streets, sidewalks, and parking areas within 100 yards of any business open to the public in unincorporated areas.
Does the open-container ban apply inside Melbourne or Titusville?
No. The county ordinance covers only unincorporated Brevard; Melbourne, Titusville, Cocoa, and other Space Coast cities enforce their own open-container rules.
Is drinking alcohol allowed near my own home in unincorporated Brevard?
Yes. The ban excludes buildings customarily used for residential purposes, so it does not reach private homes and yards.

Sources & Official References

Other rules in Brevard County

All Brevard County rules

Florida rules heatmap·Compare Brevard County to another location·View the Florida public conduct overview

Get notified when Public Alcohol Use in Brevard County, FL changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Public Alcohol Use in Cities Across Brevard County