San Jose Municipal Code Chapter 10.16 and California Business and Professions Code section 25620 prohibit drinking or possessing open alcohol containers in public streets, parks, sidewalks, and parking lots, with limited entertainment district exceptions.
San Jose Municipal Code Chapter 10.16 prohibits possessing or consuming alcoholic beverages in public streets, sidewalks, parking lots, and other public places. California Business and Professions Code section 25620 establishes a parallel statewide ban with one hundred dollar maximum fines. SJ parks ban alcohol unless a special event permit is issued under Title 13. Limited exceptions exist for licensed sidewalk cafes, parklets, and approved entertainment zones during permitted festivals like Christmas in the Park. Tailgating in private SAP Center lots may be permitted by the venue. Vehicle Code section 23222(a) separately prohibits open containers in motor vehicles regardless of consumption.
Business and Professions Code section 25620 violations are infractions with fines up to one hundred dollars; Vehicle Code section 23222(a) open container in vehicle is infraction with fines around two hundred fifty dollars.
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