Berkeley, CA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Public drinking ban
- BMC 13.36.070(A)-(B)
- Open-container-near-store ban
- BMC 13.36.075(A)
- Charge level
- Infraction only
- Exception
- Permitted street/park events, Ch. 6.46/13.44
- Sign requirement
- Off-sale stores must post warning signs
Summary
Berkeley bans drinking alcohol in parks, on streets, or anywhere open to public view under BMC 13.36.070, and separately bans carrying an already-opened container near an off-sale liquor store under 13.36.075. Both are charged only as infractions.
It is unlawful for any person to partake of any spirituous, malt, vinous, or alcoholic liquors or other alcoholic beverages in or on any park, playground, or community house, or in an automobile while said automobile is on any alley, street, or highway, or on public or private property which is open and accessible to the general public or open to public view... It is also unlawful to possess a previously opened alcoholic beverage container that still contains an alcohol beverage in any public place owned or controlled by the City... This section shall only be enforced solely as an infraction.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
070(A) makes it unlawful to drink any spirituous, malt, vinous, or other alcoholic beverage in a park, playground, or community house, in a car on a public street or alley, or on any public or private property that is open and accessible to the public or open to public view. Subsection B separately bans possessing an already-opened container that still has alcohol in it on City-owned property or in any recreation, regional park, or open space district within Berkeley. 44 events, and service at open-air restaurants and cafes when otherwise allowed by the Zoning Ordinance and state law.
075, targets the area right around off-sale liquor stores: no one may carry an opened, sealed-broken, or partially emptied container onto the posted premises, the adjacent posted parking lot, or the adjacent public sidewalk of a retail package off-sale licensee, and those licensees must post permanent signs warning patrons and passersby that carrying an open container there is against the law; an unposted licensee is itself guilty of an infraction.
Violations & Fines
Consumption in public view under 13.36.070 is enforceable solely as an infraction per subsection D, regardless of the general misdemeanor default in 13.36.100. Possessing an open container on or near a posted off-sale liquor store under 13.36.075 is also an infraction, and a licensee that fails to post the required warning signs is separately guilty of an infraction.
Frequently Asked Questions
Can I drink a beer in a Berkeley park?
Is carrying an open beer near a Berkeley liquor store illegal even if I'm not drinking it?
Is public drinking a misdemeanor in Berkeley?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California public conduct overview
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Public Alcohol Use in Nearby Cities
How other cities in Alameda County handle public alcohol use.