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ORDINANCE AMENDING STOCKTON MUNICIPAL CODE, TITLE 9, CHAPTER 9.64, SECTION 9.64.020, “DRINKING LIQUOR IN PUBLIC” TO CHANGE THE SECTION TITLE TO “POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES,” AND REVISE THE PROHIBITION TO ADDRESS POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES
recommended action
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an ordinance amending Stockton Municipal Code (SMC), Title 9, Chapter 9.64, Section 9.64.020, “Drinking Liquor in Public,” to change the title to “Possession of open containers of alcoholic beverages in public places,” expand the prohibition to address possession of open containers of alcoholic beverages, add definitions, and establish exceptions; and
2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.
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Summary
The proposed ordinance amends SMC Section 9.64.020 to address the possession of alcoholic beverages in specified public places, rather than limiting the prohibition to the act of consuming alcoholic beverages. The amendment is intended to provide a clear and consistent enforcement standard when an open container of an alcoholic beverage is present in a location where possession is prohibited, even when active consumption is not observed. This amendment is designed to promote public safety, reduce alcohol-related disturbances, and equip law enforcement with a clear and consistent standard for enforcement. The update preserves existing exceptions for licensed premises, permitted special events, private property, and other government-authorized locations.
DISCUSSION
Background
SMC Section 9.64.020 currently prohibits the public consumption of alcohol but lacks a specific prohibition against possessing an open container in public. This gap creates a significant enforcement challenge, as officers can only issue a citation if they personally witness the actual consumption of alcohol. Because individuals often stop drinking when uniformed officers or marked patrol vehicles approach, visible police presence only temporarily interrupts the behavior without resolving the underlying issue. Furthermore, residents experience understandable frustration when individuals openly possess alcoholic beverages in public spaces, yet cannot be cited.
This limitation also contributes to community litter from discarded containers and hinders early intervention, frequently forcing officers to wait until a subject becomes sufficiently intoxicated to warrant action under public-intoxication provisions. The proposed amendment addresses this enforcement issue by expanding the prohibition to include the possession of open containers of alcoholic beverages in specified public places. By allowing officers to cite individuals based on the readily observable possession of an open container, the proposed code change will equip personnel with a practical tool to reduce community litter, intervene before situations escalate, and help prevent potential DUIs by allowing officers to contact individuals drinking in business parking lots before they operate a vehicle.
At the January 26, 2026, Legislation/Environmental Committee meeting, staff presented a detailed overview of the existing enforcement challenges and the negative impacts that current legal limitations have on local communities and public spaces. Following this discussion, the committee formally approved the proposed amendments and directed staff to advance the updated Stockton Municipal Code revisions to the City Council for final consideration.
Present Situation
SMC Section 9.64.020 currently prohibits any person from drinking alcoholic beverages in specified public places, with violations classified as infractions. This restriction applies to public streets, alleys, sidewalks, parkways, school grounds, playgrounds, waterways, sloughs, and their respective beds, banks, or levees, unless the City Council has explicitly authorized alcohol consumption at a given location.
The existing code also extends this prohibition to certain private properties that are open to public view or hearing from the listed public areas. These locations include vacant lots, emergency exits of public assembly facilities (such as theaters and hotels), private automobiles, parking lots, railroad rights-of-way, school grounds, playgrounds. Consumption on these private properties is prohibited unless the property owner or lessee has granted prior permission.
Furthermore, SMC Section 9.64.020 prohibits drinking alcoholic beverages within any City-owned park designated by the City Manager pursuant to SMC 9.64.010, which includes City parks located outside municipal boundaries. This restriction is enforceable only when the designated park is properly posted with official signage stating that the consumption of alcoholic beverages is forbidden by law. To protect these regulatory notices, the code also establishes that removing or defacing any posted park sign is a separate violation.
The proposed amendment changes the focus of SMC Section 9.64.020 from drinking or consuming alcoholic beverages to possessing an open container of an alcoholic beverage in the locations identified in the ordinance. This change is intended to allow enforcement based on the observable possession of an open container rather than requiring direct observation of consumption. The proposed amendment also adds definitions for key terms used in the section and establishes exceptions for specified circumstances in which possession of an open container is authorized. These exceptions include certain sidewalk or boardwalk tables associated with bona fide eating places, licensed or permitted areas within parks or other public spaces, approved City events, permitted temporary uses of public property, and entertainment zones. The amendment retains the existing park-posting requirements and the prohibition against unauthorized removal, defacement, or destruction of posted signs. Violations of the amended ordinance will continue to be punishable as infractions, consistent with the existing provision and State law.
FINANCIAL SUMMARY
Adoption of the amendment of the existing code is not expected to have a negative fiscal impact.
Attachment A - Proposed Ordinance - redline