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

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

Key Facts

Governing section
FMC § 9.105.040
Open container ban
Public property and public areas
Sign requirement
17"x22" minimum at off-sale retailers
First offense fine
Up to $100
Third offense
Misdemeanor
Adopted
Ordinance 1034 (2005)

Summary

Folsom bans possessing an open container of alcohol on any public property or public area under Municipal Code Section 9.105.040, on top of a separate ban on consuming alcohol in those same places under Section 9.105.030. Retail stores with an off-sale liquor license must post a sign at least 17 by 22 inches warning customers not to carry an open container onto the posted premises or adjacent parking lot.

A. It is unlawful for any person to possess an open container of any alcoholic beverage on public property or a public area in the city of Folsom, except as provided in Section 9.105.050. B. It is unlawful for any person possessing an open container of any alcoholic beverage to enter, be or remain on the posted premises of any retail package off-sale alcoholic beverage licensee pursuant to Division 9 (commencing with Section 23000) of the California Business and Professions Code, including the posted parking lot or parking lots adjacent to the posted parking lot immediately adjacent to the premises.

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 1369, passed April 28, 2026).

Full Breakdown

105 splits Folsom's alcohol restriction into two separate offenses. 030 bars consuming alcohol on public property or a public area, on private property open to the public such as parking lots and shopping centers (unless an ABC license expressly covers it), and on a private driveway or exterior stairway without the owner's permission. 040 goes further and bars mere possession of an open container, defined as any bottle, can, jug or other receptacle which is open or has been opened and contains any alcoholic beverage, on public property or a public area, and separately bars carrying an open container onto the posted premises of a retail off-sale liquor store or its adjacent parking lot.

Every off-sale retailer must post a sign at least 17 inches by 22 inches, with letters at least one inch tall, stating that prohibition. 050 carves out real exceptions: consumption or possession inside a park structure or area covered by its own ABC license, city-sponsored events at city facilities where alcohol has been approved, and events under a city temporary-use permit or a daily ABC license with the police chief's written approval. The chief of police can modify, suspend or revoke that approval at any time without notice if there's a danger to public safety, appealable to the city manager except once the event has ended. 070 makes clear the chapter doesn't reach conduct state law already preempts. The chapter dates to Ordinance 1034, adopted in 2005.

Violations & Fines

Section 9.105.060 makes a first violation of Chapter 9.105, including possessing an open container in public, an infraction punishable by a fine of up to $100. A second violation within a year is an infraction punishable by up to $200, and a third violation within that year becomes a misdemeanor. The chapter is also enforced as a Level A administrative violation under Chapters 1.08 through 1.10 with a minimum initial monetary sanction of $100, and no notice-to-correct is required before that notice issues.

Frequently Asked Questions

Can I carry an open beer in a Folsom park?
No. Section 9.105.040 bans possessing an open container of any alcoholic beverage on public property or a public area, which includes city parks, unless you're in a structure or area covered by its own ABC license under Section 9.105.050.
Do liquor stores have to post open-container warnings in Folsom?
Yes. Section 9.105.040(B)(2) requires every retailer licensed for off-sale packaged alcohol to post a sign at least 17 by 22 inches, with one-inch lettering, warning against carrying open containers onto the posted premises or adjacent lot.
What's the fine for an open container violation in Folsom?
Section 9.105.060 sets a fine of up to $100 for a first violation and up to $200 for a second violation within a year; a third violation within that year is charged as a misdemeanor.
Are there exceptions for events with alcohol in Folsom parks?
Yes. Section 9.105.050 allows alcohol at city-approved events on city property, at events under a city permit that specifically allows alcohol sales or consumption, and where a daily ABC license and the police chief's written approval are obtained.

Sources & Official References

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