Monterey, CA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- City Code § 22-1
- Covers
- Streets, parks, wharves, piers, sidewalks
- Picnic-area exception
- Only areas listed in Chapter 23
- Recycling exception
- Empty containers exempt
Summary
Monterey bans drinking or carrying an open container of alcohol on any public street, park, plaza, sidewalk, wharf, pier or other public place under § 22-1, with narrow carve-outs for listed picnic areas in Chapter 23 and outdoor seating covered by an encroachment permit.
Except as permitted in certain picnic areas specifically listed in Chapter 23 of this code and outdoor seating areas as allowed by encroachment permit, no person shall consume any alcoholic beverage or have in their possession any open container of any alcoholic beverage upon any public street, park, greenbelt, plaza, sidewalk, alley, lane, wharf, pier, walkway, mall, or other public place in the City. ... For purposes of this section, “open container” includes any can, bottle, or other receptacle that has been opened, has a seal broken, or the contents of which have been partially removed.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3721, passed July 7, 2026).
Full Breakdown
City Code § 22-1 prohibits consuming any alcoholic beverage, or simply possessing an open container of one, across a long list of public locations: streets, parks, greenbelts, plazas, sidewalks, alleys, lanes, wharves, piers, walkways and malls, plus any other public place in the city. "Open container" is defined broadly to cover any can, bottle or other receptacle that has been opened, has a broken seal, or has had its contents partially removed, so an unopened six-pack in a bag does not trigger the ban but a resealed bottle does.
The ordinance carves out two situations: alcohol consumption in the specific picnic areas listed in Chapter 23 (Parks and Lakes), and outdoor restaurant or cafe seating operating under a City encroachment permit, which covers sidewalk dining common along Alvarado Street and Cannery Row. The section also exempts people carrying empty alcoholic beverage containers for recycling, so returning bottles to a recycling center is not a violation even though the containers were once open. The current version was last amended by Ordinance 3497 in 2014, building on Ordinance 3433 from 2009.
Because the ban reaches wharves and piers as well as inland streets and plazas, it applies along the waterfront tourist corridors, including Fisherman's Wharf and the Recreation Trail, where enforcement is common during peak tourist season and around special events.
Violations & Fines
Violating the open container ban is enforceable as an infraction or misdemeanor under the Code's general penalty scheme, and Monterey Police routinely cite or confiscate open alcohol containers found on streets, sidewalks, wharves and park areas outside the exempted picnic zones.
Frequently Asked Questions
Can I drink alcohol on Monterey's public wharves?
Are there any places in Monterey where public drinking is allowed?
Is an unopened beer in my bag illegal to carry in a Monterey park?
Sources & Official References
Other rules in Monterey
California rules heatmap·Compare Monterey to another location·View the California public conduct overview
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Public Alcohol Use in Nearby Cities
How other cities in Monterey County handle public alcohol use.