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Berkeley, CA Public Conduct: Public Alcohol Use (2026)

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

View official code

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?
No. BMC 13.36.070(A) bans consuming alcohol in any park, playground, or community house, and more broadly on any property open to public view, unless it falls under one of the section's narrow exceptions.
Is carrying an open beer near a Berkeley liquor store illegal even if I'm not drinking it?
Yes, if the store is a posted off-sale licensee. BMC 13.36.075(A) bans possessing an already-opened container on the posted premises, its adjacent parking lot, or the adjacent public sidewalk.
Is public drinking a misdemeanor in Berkeley?
No. Subsection D of 13.36.070 states the offense is enforced solely as an infraction, not a misdemeanor, unlike most other Chapter 13.36 disorderly conduct offenses.

Sources & Official References

Other rules in Berkeley

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