Cupertino, CA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- Muni Code § 10.49.010
- Covered locations
- streets, parks, parking lots, alleys
- Classification
- infraction, § 10.49.020
- First-offense fine
- up to $100
- Council exception
- by resolution only
Summary
Drinking or possessing an open container of intoxicating liquor on any public street, park or parking lot in Cupertino is unlawful under Municipal Code § 10.49.010, an infraction unless the City Council authorizes it by resolution.
It is unlawful for any person to drink or possess an open container of any intoxicating liquor upon any public street, lane, alley, parkway, public park or parking lot in the City, except as may be authorized by resolution of the City Council. This section shall not be construed to prohibit the transportation of open containers of any intoxicating liquor from one location to another in a legal manner as prescribed by state law.
Full Breakdown
010 for any person to drink or possess an open container of any intoxicating liquor upon any public street, lane, alley, parkway, public park or parking lot in the city, except as may be authorized by resolution of the City Council, which lets the council permit specific events such as beer gardens at approved festivals. The section is written narrowly: it explicitly does not prohibit transporting an open container of liquor from one location to another in a legal manner as prescribed by state law, so a passenger moving an unsealed bottle between locations in a way that complies with state Vehicle Code transport rules is not reached by the city ban.
The chapter has stood essentially unchanged since it was adopted by Ordinance 1008 in 1980, applying citywide to public rights-of-way, parks and parking lots rather than to private property, where alcohol possession is governed by different rules such as lease terms or ABC licensing conditions.
Violations & Fines
A violation of § 10.49.010 is an infraction under § 10.49.020, punishable per Chapter 1.12 by a fine not to exceed $100 for a first offense, $200 for a second violation within one year, and $500 for each subsequent violation within that year; it does not carry jail time absent escalation to repeated misdemeanor charging under § 1.12.010's four-violation provision.
Frequently Asked Questions
Can you drink alcohol in a Cupertino public park?
What is the penalty for an open container violation in Cupertino?
Is it legal to transport an unopened or unsealed bottle through Cupertino?
Sources & Official References
Other rules in Cupertino
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Public Alcohol Use in Nearby Cities
How other cities in Santa Clara County handle public alcohol use.