Pomona, CA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Public drinking
- Misdemeanor, Sec. 34-152
- Open container, public property
- Infraction, Sec. 34-153(a)
- Posted liquor store zone
- Infraction if container carried on posted lot/sidewalk
- Notice size/design approval
- Set by chief of police
- Residential parking lot exception
- Rule 34-153(b) does not apply there
Summary
Drinking alcohol in any public place in Pomona is a misdemeanor under City Code Sec. 34-152, and carrying an open alcohol container into a city building or onto public property is a separate infraction under Sec. 34-153.
Any person who drinks any alcoholic beverage in any public place is guilty of a misdemeanor, unless expressly permitted pursuant to the terms of a license issued by the ABC or unless otherwise permitted by this Code.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 31).
Full Breakdown
Division 1 of Chapter 34, Article IV bans two distinct acts. Sec. 34-152 makes it a misdemeanor for any person to drink an alcoholic beverage, defined in Sec. 34-151 as any liquid containing one-half of one percent or more alcohol by volume, in any public place, unless expressly permitted under an ABC license or elsewhere in the code. Separately, Sec. 34-153(a) makes it an infraction to possess an open container of alcohol in a city building or on public property, again absent an ABC license exemption.
Sec. 34-153(b) adds a second, narrower infraction: possessing an open container while on, or on the posted parking lot or adjacent public sidewalk of, an off-sale retail liquor store licensed under Business and Professions Code Div. 9. That rule only applies once the licensee posts a notice, in a size and design approved by the police chief, reading "NOTICE: POSSESSION OF OPENED ALCOHOLIC BEVERAGE CONTAINERS ON THESE PREMISES IS PROHIBITED BY LAW. CAL. PENAL CODE Section 647E. " If a licensee ignores the chief's written directive to post that notice for 30 days, the premises is deemed a public nuisance.
Property owners generally, not just liquor stores, may also post the same notice to trigger the rule on their own property, though it never applies to a private residential parking lot adjacent to posted premises. Sec. 34-154 clarifies the whole division yields to state law and only reaches conduct not already preempted.
Violations & Fines
Drinking in a public place is a misdemeanor under Sec. 34-152. Possessing an open container in a city building or on public property, or on posted premises/parking lot/sidewalk adjacent to an off-sale liquor licensee, is an infraction under Sec. 34-153. A liquor licensee that fails to post the required warning notice within 30 days of the police chief's written directive has its premises deemed a public nuisance.
Frequently Asked Questions
Is it illegal to drink a beer on a Pomona sidewalk?
Can I carry a closed cooler with beer through a city park?
Why do some liquor stores post open-container warning signs?
Sources & Official References
Other rules in Pomona
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