Wilmington, DE Public Conduct: Public Alcohol Use (2026)

No person shall drink or consume an alcoholic beverage, or possess, with intent to drink or consume, an open container containing an alcoholic beverage in any public place except at a block party, feast or similar function for which a permit has been obtained. For purposes of this section, the term "public place" shall mean a place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, parking area, shopping area, place of amusement or playground located within the city and any city park, except that the definition of public place shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within their own private property.(b)Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this section.(c)A conviction of violation of this section shall be punishable by a fine of not less than $100.00, or community service as ordered by the court having jurisdiction or both such fine and community service, and not more than $500.00 or by both such fine and imprisonment not exceeding five days. The minimum sentence of a $100.00 fine shall not be subject to suspension or reduction for any reason. (Code 1968, § 39-24.1; Ord. No. 00-103, § 1, 8-24-00)