California Business and Professions Code Section 25620 makes possessing an open container of alcohol in any public place an infraction. Santa Clara County Code Title B separately bans drinking in unincorporated parks, beaches at Vasona and Calero reservoirs, and public rights-of-way without a permit. The Sheriff and park rangers enforce.
Two layers govern public drinking in Santa Clara County. State law at California Business and Professions Code Section 25620 prohibits possession of an open container of alcohol in any public place or any place open to public view, including streets, sidewalks, and parking lots. Santa Clara County Code Title B and Parks rules separately ban alcohol consumption and possession in county parks like Vasona, Calero, and Coyote Creek without a permit. The Department of Parks and Recreation can issue limited event permits for picnic areas and special events. The Sheriff and park rangers enforce. Cities including San Jose and Sunnyvale layer additional open-container ordinances, especially near downtown and event venues.
Violations are infractions starting around $100 to $250 under BPC 25620 and Title B, plus court fees. Public intoxication or driving under the influence escalates to misdemeanor charges under California Penal Code 647(f) or Vehicle Code 23152.
See how Sunnyvale's public alcohol use rules stack up against other locations.
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