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Winston-Salem, NC Public Conduct: Public Alcohol Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Where banned
Public streets & city property
Covers
Malt beverages & unfortified wine
Exempt
Occupants of a motor vehicle
Penalty
Class 3 misdemeanor, up to $500
Also unlawful
Discarding beer/wine containers in public

Summary

It is unlawful to drink or carry an open container of beer or unfortified wine on Winston-Salem's public streets or on any property the city owns, occupies, or controls, unless you are riding in a vehicle.

it shall be unlawful: (1) For any person to consume malt beverages or unfortified wine on property owned, occupied or controlled by the city, or for any person who is not an occupant of a motor vehicle to consume malt beverages or unfortified wine on public streets. (2) For any person to possess open containers of malt beverages or unfortified wine on property owned, occupied or controlled by the city, or for any person who is not an occupant of a motor vehicle to possess open containers of malt beverages or unfortified wine on public streets.

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 102 | Personnel: Supplement 96 | Water and Sewer: Supplement 56 | Solid Waste: Supplement 15).

Full Breakdown

Winston-Salem bars drinking or possessing an open container of malt beverages or unfortified wine on any public street or on property the city owns, occupies, or controls, under Sec. 38-9(a). The ban reaches anyone who is not an occupant of a motor vehicle: pedestrians, park visitors, and people on streets closed for special events unless the alcohol was obtained through a sale permitted under Sec. 38-8. A companion rule in Sec. 38-9(b) separately makes it unlawful to discard or deposit any beer or wine container, fortified or unfortified, in a public place, on a public street, or on someone else's private property without permission.

Violations & Fines

Violating Sec. 38-9 is a class 3 misdemeanor under G.S. 14-4, carrying a fine of up to $500.00 per offense.

Frequently Asked Questions

Can I drink a beer while walking on a Winston-Salem sidewalk?
No. Sec. 38-9(a) bans consuming or carrying an open container of malt beverages or unfortified wine on public streets or city-owned property unless you're inside a vehicle.
What happens if I'm caught with an open container in Winston-Salem?
It's a class 3 misdemeanor under G.S. 14-4, punishable by a fine of up to $500.00.

Sources & Official References

Other rules in Winston-Salem

All Winston-Salem rules

Compare Winston-Salem to another location·View the North Carolina public conduct overview

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