San Bernardino, CA Public Conduct: Public Alcohol Use (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.
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?
Are there any public places where drinking is allowed?
What is the penalty for public drinking in San Bernardino?
Sources & Official References
Other rules in San Bernardino
California rules heatmap·Compare San Bernardino to another location·View the California public conduct overview
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Public Alcohol Use in Nearby Cities
How other cities in San Bernardino County handle public alcohol use.