Pismo Beach, CA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Drinking
- Unlawful in any public place under § 9.04.020(A)
- Open container
- Opened, seal broken or partly removed, unlawful
- Named places
- Pier, beaches, park, sidewalk, parking lot
- Penalty
- Infraction, fine per Chapter 1.20
- Event permit
- City manager or designee, § 9.04.030
Summary
In the City of Pismo Beach, California, it is unlawful to consume any alcoholic beverage in a public place or to carry an opened container of wine, beer or other alcohol there. Public place covers streets, sidewalks, the pier, beaches, parks and parking lots that are not licensed for on-site drinking. A first violation is an infraction under Chapter 1.20.
“Public place” shall mean any of the following locations that are not licensed for the consumption of alcoholic beverages at such location: alley, street, highway, sidewalk, pier, beaches, park, parkway, parking lot, playground, school grounds, bus station, or any other place, whether on private or public property, to which the general public is invited or to which the general public has access. ... ... A. It is unlawful for any person to consume any alcoholic beverage upon any public place. B. It is unlawful for any person to have in his possession or on his person any bottle, glass, can or other receptacle containing any alcoholic beverage, including wine or beer, which has been opened or a seal broken or the contents of which have been partially removed, in any public place within the city. ... ... D. A violation of this section is an infraction.
Full Breakdown
Section 9.04.010 defines a public place as any of the following locations that are not licensed for the consumption of alcoholic beverages at that location: alley, street, highway, sidewalk, pier, beaches, park, parkway, parking lot, playground, school grounds, bus station, or any other place, on private or public property, to which the general public is invited or has access. The pier and the beaches are named outright, which matters in a beach city, and the definition reaches private parking lots open to the public.
Section 9.04.020 then sets two separate prohibitions. Subsection A makes it unlawful to consume any alcoholic beverage upon any public place. Subsection B makes it unlawful to have in your possession or on your person any bottle, glass, can or other receptacle containing an alcoholic beverage, including wine or beer, that has been opened, had a seal broken, or had its contents partially removed, in any public place within the city. Carrying a sealed bottle is not addressed by subsection B, but drinking from it in a public place is covered by subsection A.
Subsection C limits the section to permitted subjects of local regulation not preempted by state law and says it does not apply to acts prohibited or punishable by state law. Subsection D makes a violation an infraction, with the fine specified in Chapter 1.20.
There is a permit route for city-owned property. Under § 9.04.030 the city manager or a designee can issue a permit to sell, furnish, serve and consume alcoholic beverages on property the city owns, controls or operates, including a public street, sidewalk, alley, park, playground, recreation area, building or facility. The applicant must carry general liability and liquor liability insurance approved by the risk manager or city attorney, hold all California Department of Alcoholic Beverage Control permits, and show the event will not unreasonably interfere with public use or the public health, safety or welfare, will not be reasonably likely to result in violence, and will not entail extraordinary city expense.
Violations & Fines
Under § 9.04.020(D) a violation is an infraction. Section 1.20.010(C) sets infraction fines at not more than $100 for a first violation, not more than $200 for a second violation of the same ordinance within twelve months, and not more than $500 for each third or subsequent violation within twelve months. Infractions carry a fine only, without imprisonment.
Frequently Asked Questions
Can I drink on the beach or pier in Pismo Beach?
Is carrying an unopened bottle in public illegal?
What is the fine for public drinking?
Does the rule apply on private property?
Sources & Official References
Other rules in Pismo Beach
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