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San Bernardino, CA Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Alcohol threshold
0.5% or more ABV
Open-container presumption
Odor of alcohol + open container
Covered locations
Parks, streets, alleys, public places
Special-event exception
Written City Administrator authorization
Violation class
Infraction, up to misdemeanor on 4th

Summary

San Bernardino bans drinking or consuming alcoholic beverages in any public park, street, alley, highway or other public place under Municipal Code § 9.32.020. Anyone holding an open container with alcohol on their breath is legally presumed to be drinking it, and furnishing alcohol to someone for public consumption is also unlawful.

It is unlawful for any person or persons to drink or consume, or attempt to drink or consume, any alcoholic beverages while such person or persons are in or upon any public park, street, alley, highway or other public place, except in or upon those public places where the drinking or consuming of alcoholic beverages is expressly permitted by law.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Supplement contains: Local legislation current through Ord. MC-1666, passed 8-5-2026).

Full Breakdown

32 covers public alcohol consumption citywide. 5% or more alcohol by volume that is fit for beverage purposes. 015 creates a rebuttable presumption: possessing an open container of an alcoholic beverage while having the odor of alcohol on one's breath is presumed to be drinking or attempting to drink it at that location, a presumption affecting the burden of producing evidence under the state Evidence Code. 020 makes it unlawful to drink, consume, or attempt to drink or consume any alcoholic beverage while in a public park, street, alley, highway or other public place, except where drinking is expressly permitted by law.

030 separately bars offering, furnishing or giving alcohol to another person with the intent that they drink it in one of those same public places. 040 lets the City Administrator issue written authorization allowing alcohol at city-owned or city-controlled facilities for special events, meetings, conferences or conventions, subject to conditions and revocable at any time without notice or hearing by the Mayor, Council, City Administrator or Chief of Police. 040 a menace to public safety and health and an obstruction of public property.

Violations & Fines

Under § 9.32.060, any violation of Chapter 9.32 is an infraction, punishable under the general penalty schedule of Chapter 1.12.010: up to $100 for a first offense, $200 for a second within a year, and $500 for each additional violation within a year, with a fourth violation elevated to a misdemeanor carrying up to six months in county jail and a $1,000 fine.

Frequently Asked Questions

Can I get cited just for holding an open beer in public in San Bernardino?
Yes, potentially. Section 9.32.015 creates a legal presumption that a person holding an open container of alcohol with the odor of alcohol on their breath is drinking or attempting to drink it at that location, shifting the burden to the person to produce contrary evidence.
Are there any public places where drinking is allowed?
Only where the City Administrator has issued written authorization for a special event, meeting, conference or convention at a city-owned or city-controlled facility under § 9.32.040. That permission can be revoked at any time without notice by the Mayor, Council, City Administrator or Chief of Police.
What is the penalty for public drinking in San Bernardino?
It is an infraction under § 9.32.060, carrying fines up to $100 for a first offense, $200 for a second within a year and $500 for further offenses in that year under the Chapter 1.12 general penalty schedule, with repeat violations escalating to a misdemeanor.

Sources & Official References

Other rules in San Bernardino

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