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Palm Springs, CA Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Governing section
Municipal Code § 11.08.005, Disorderly Conduct chapter
Covered locations
Public streets, sidewalks, highways and public property open to the public
Parks exempt
Does not apply to parks regulated under Chapter 11.44
Open container
Possessing an opened, unsealed or partly emptied container also barred
Transit exception
Briefly carrying a container straight through a covered area allowed
Adopted
Ordinance 980, 1974

Summary

Palm Springs bars drinking or possessing an open container of alcohol on any public street, sidewalk, highway or other publicly owned property open to the public, under Section 11.08.005. The ban does not reach the city's parks and recreation areas, which are separately regulated, or private property open to the public unless the person lacks the owner's permission.

No person shall drink, use or consume any alcoholic beverage, as defined in Section 23004 (and related sections) of the Business and Professions Code of the state of California, upon any public street, sidewalk, highway, road, lane or alley, or in or upon any other publicly-owned property which is open to the use or the business of the public at the time, but which place is not licensed for the consumption of such beverage on the premises. The provisions of this section shall not apply, however, to the park and recreation areas regulated under Chapter 11.44 of this code. ... No person shall, in or upon any of the places listed in subsection (a) of this section, have in possession any alco-holic beverage defined as in subsection (a) contained in any bottle, can or other receptacle, which has been opened, or a seal broken, or the contents of which have been partially removed

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4923139; v14 updated 2026-06-24).

Full Breakdown

005(a) of the Disorderly Conduct chapter makes it unlawful to drink, use or consume any alcoholic beverage, as defined in Section 23004 of the state Business and Professions Code, upon any public street, sidewalk, highway, road, lane or alley, or in or upon any other publicly-owned property open to the use or business of the public, so long as the location is not licensed for on-site consumption. Subsection (b) extends the prohibition to possession of an open container, defined as a bottle, can or other receptacle that has been opened, had its seal broken, or had contents partially removed, though a narrow exception lets someone carry an open container briefly and directly through a covered area while transporting it between two other locations.

Subsection (c) applies the same rules to privately owned property that is open to public use or patronage, unless the person has the owner's or lessee's express or implied permission. 44 regulates on its own terms, and subsection (d) exempts consumption authorized by a special-event permit issued by the city manager or city council, or property controlled by another public entity that has given its own permission. , unless the hotel holds an on-sale ABC license.

Violations & Fines

Chapter 11.08 does not set its own fine schedule for Section 11.08.005, so violations default to the code's general penalty structure: a misdemeanor punishable by up to $1,000 and up to six months in jail under Section 1.01.160, or, if charged as an infraction, escalating fines of $100, $200 and $500 for a first, second and third violation under Section 1.01.155.

Frequently Asked Questions

Can I drink on the sidewalk in downtown Palm Springs?
No. Section 11.08.005(a) bans drinking or consuming any alcoholic beverage on any public street, sidewalk, highway, road, lane or alley, or on other publicly owned property open to the public, unless that spot is separately licensed for on-premises consumption.
Does the open-container ban apply in city parks?
No. Subsections (a) and (b) of Section 11.08.005 both state the public-drinking and open-container ban does not apply to the city's park and recreation areas, which Chapter 11.44 regulates on its own terms, including a separate permit process for alcohol at rented park facilities and events.
What's the penalty for public drinking in Palm Springs?
Section 11.08.005 carries no unique fine of its own, so it falls under the code's general penalty rules: a misdemeanor conviction can bring a fine up to $1,000 and up to six months in jail under Section 1.01.160, or a lesser infraction fine of $100 to $500 under Section 1.01.155.

Sources & Official References

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