Westminster, CA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- WMC § 9.68.010
- Covers
- streets, sidewalks, parks, parking lots, posted residential land
- Exception
- ABC-licensed premises / police-permitted uses
- Classification
- misdemeanor by statute
- Residential extension
- owner-posted signage required
Summary
Westminster bans drinking or holding an opened alcohol container on public streets, sidewalks, parks, parking lots, and posted residential property. Violating Section 9.68.010 is a misdemeanor; licensed premises and police-permitted uses are exempt under Section 9.68.020.
§ 9.68.010. Prohibitions. No person shall drink or consume any alcoholic beverage or possess any can, bottle, glass, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken or the contents of which have been partially removed in or on any public highway, public sidewalk, public alley, public park, public parking lot, private parking lot open to public access in a nonresidentially zoned lot, public restroom or any residentially zoned real property where the real property has been posted, by the property owner, with signs advising the general public that this section of the Westminster Municipal Code is applicable to that real property. Such posted sign shall be easily visible and shall notify the general public of the application of this section to that particular real property. Violation of this section shall be deemed a misdemeanor. (Ord. 2141 § 1, 1990)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4982734; v10 updated 2026-06-10).
Full Breakdown
010 of the Westminster Municipal Code, adopted by Ordinance 2141 in 1990, prohibits drinking or possessing an opened, seal-broken, or partially emptied alcoholic beverage container on any public highway, public sidewalk, public alley, public park, public parking lot, private parking lot open to public access in a nonresidential zone, public restroom, or on residentially zoned property that the owner has posted with signs stating the section applies there. 010 governs that specific parcel, giving residential property owners a tool to extend the ban to their own land.
The ordinance text itself states that a violation is deemed a misdemeanor, distinct from the citywide default penalty structure. 020 carves out an exception for consumption or possession within premises inside a public place holding a license issued under Division 9 of the California Business and Professions Code, the state's Alcoholic Beverage Control law, and/or a police permit, meaning a licensed bar, restaurant patio, or an event operating under a police permit is not covered by the ban even though it sits in a location the statute would otherwise reach.
070, which separately bars bringing or selling alcohol at a special event without an ABC permit, so a street fair or festival sponsor faces both the special-event alcohol rule and this general public-drinking prohibition if attendees carry open containers outside any licensed or permitted area.
Violations & Fines
A violation of Section 9.68.010 is deemed a misdemeanor by the express terms of the ordinance. Because Chapter 9.68 does not set a separate fine schedule, sentencing follows the citywide misdemeanor default in Section 1.12.010: up to a $1,000 fine, up to six months in county jail, or both, unless the city attorney elects to prosecute the same conduct as an infraction instead.
Frequently Asked Questions
Can I drink alcohol on the street in Westminster?
Does Westminster's open container law apply to private homes?
Are bars and licensed restaurants exempt from Westminster's public drinking ban?
Sources & Official References
Other rules in Westminster
California rules heatmap·Compare Westminster to another location·View the California public conduct overview
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Public Alcohol Use in Nearby Cities
How other cities in Orange County handle public alcohol use.