Newport Beach, CA Public Conduct: Public Alcohol Use (2026)

010 splits the open-container rule into two prohibited acts. Subsection A makes it unlawful to drink any alcoholic beverage in or on a public street or alley, sidewalk, public or private parking lot, public restroom, public pier, a private pier open to the public for a fee, a public beach, a vacant lot, a public park, or private property open to public view without the consent of the owner or person in lawful control. Subsection B separately bans simply possessing an opened, seal-broken, or partially emptied can, bottle, or other alcohol container in those same locations, and both provisions expressly extend to any beach or public parking facility in the area known as Newport Dunes.

The code defines "possess" broadly in subsection C to include actual physical custody, constructive possession such as an open container within arm's reach or in a vehicle under your control, and joint possession shared among two or more people. "Alcoholic beverage" under subsection D means alcohol, spirits, wine, or beer containing at least one-half of one percent alcohol by volume. 03, and the outdoor seating area of a lawfully permitted eating and drinking establishment, so a beachfront restaurant's patio is not swept into the ban. 010.