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La Mesa, CA Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Banned locations
Streets, sidewalks, parks, unlicensed public property
Open-container presumption
Opened/broken-seal container implies use
Permit exception
City event or police-chief authorization
Violation class
Infraction (Chapter 1.01)
Enacted
Ord. 2009-2804, November 10, 2009

Summary

In the City of La Mesa, drinking alcohol on a street, sidewalk, alley, school property, public parking structure, park or any property open to the public but not licensed for alcohol is banned under Section 10.36.060 of the Municipal Code. An open container with a broken seal or partially consumed contents is presumed to be in use, and violations are infractions.

10.36.060 - Consumption of alcoholic beverages in public places—Prohibited—Exception—Penalty. (a)No person shall consume any alcoholic beverage on any street, sidewalk, alley, highway, school property, public parking structure, public playground or park, or any property open to the public not licensed by for the consumption of alcoholic beverages. Possession of any receptacle containing any alcoholic beverage which has been opened, the seal broken or the contents thereof partially consumed, constitutes a rebuttable presumption that the person possessing said receptacle is consuming its contents. ... (c)It shall be unlawful for any person to violate any provision of this section. A violation of any provision of this section shall constitute an infraction pursuant to Chapter 1.01 of the La Mesa Municipal Code.

Full Breakdown

Section 10.36.060(a) bars consuming 'any alcoholic beverage on any street, sidewalk, alley, highway, school property, public parking structure, public playground or park, or any property open to the public not licensed by for the consumption of alcoholic beverages' (the section's own wording, unedited). Possessing a receptacle that has been opened, has a broken seal, or is partly consumed creates 'a rebuttable presumption that the person possessing said receptacle is consuming its contents,' so an open container alone can support a citation. The section defines 'alcoholic beverage' by cross-reference to Business and Professions Code Section 23004 and lists examples: intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, brandy and any mixture containing one or more of them.

Section 10.36.060(b) exempts any city-sponsored event or an event under a city permit where the chief of police expressly authorizes drinking, which dovetails with the separate park-specific permit in Section 10.36.050 requiring a chief-of-police permit before any alcohol is possessed, transported or consumed in a city park or park building. Section 10.36.060(c) makes any violation of the section an infraction under Chapter 1.01 of the Municipal Code. The ban traces to Ordinance 2009-2804, adopted November 10, 2009, and sits alongside the older Section 10.36.020 through 10.36.040 intoxication provisions in the same Chapter 10.36 (Intoxication).

Violations & Fines

Drinking alcohol in a banned public place, or holding an open, broken-seal or partly consumed container there, violates Section 10.36.060(a) and (c), an infraction under Chapter 1.01 of the Municipal Code. The only way around the ban is a city-sponsored event or a chief-of-police-authorized permit under subsection (b), or the separate park-drinking permit in Section 10.36.050.

Frequently Asked Questions

Can I drink a beer while walking through downtown La Mesa Village?
No. Section 10.36.060 bars consuming any alcoholic beverage on a street, sidewalk or other public property not licensed for drinking, and even carrying an open, broken-seal or partly consumed container there creates a rebuttable presumption you're drinking it.
Is there ever a legal way to drink in a La Mesa park?
Yes, with a permit. Section 10.36.050 requires a permit from the chief of police before any alcohol is possessed or consumed in a city park, and Section 10.36.060(b) separately exempts city-sponsored events or events where the chief of police authorizes drinking.
What's the penalty for public drinking in La Mesa?
Section 10.36.060(c) makes any violation of the public-consumption ban an infraction, enforced under Chapter 1.01 of the La Mesa Municipal Code, the same infraction classification used for most other minor Municipal Code offenses.

Sources & Official References

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