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Open Container Ordinance

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What is an "open container"?

An open container is defined as a bottle, can, jug, box, or other receptacle that contains an alcoholic beverage and has been opened, a seal broken, or the contents partially removed.

What is the Open Container Ordinance?

This is a city law (Ordinance 2159 or Article 26.04 of Municipal Code) that prohibits individuals from consuming or possessing an open container of alcohol in certain locations. These locations include the following:

  • Central Park
  • Cedar Park (also known as K Street Park)
  • Chestnut Park
  • Oxford Circle Park
  • N Street Park
  • Greenbelts and Bike Paths
  • Public rights of way (such as streets, sidewalks, alleys, parking lots open to the public, etc.)
  • Within 600 feet of school property, when school or school functions are in session, 30 minutes prior and one hour after. A school function is a school sponsored activity presented by or for students and/or their families. This includes, but is not limited to, sporting events, lectures and demonstrations, cultural events, fund-raisers, plays, musical events, dances, and other recreational activities.
  • In parking lots of private apartment complexes, if signs are posted
  • In parking lots of locations that sell closed containers of alcohol (such as a grocery store or convenience store)     

Are there any exceptions to the ordinance?

Yes, you are allowed to have open containers of alcohol in parks that do not fall into one of the above categories or if you obtain a permit from the Police Department for a special event to occur in an area where open containers would normally be prohibited. Individuals may also have open containers of alcohol in public streets or sidewalks if the City has granted an encroachment permit for a sidewalk café, beer garden, or equivalent.

Can I have a beer at Farmers Market?

Yes, if the organizers obtain a permit. Organizers of special events, like the Wednesday night Farmers Market/Picnic in the Park, can apply for permits to cover all individuals attending the event. If Farmer's Market secures a permit, then you may have an open container of alcohol at Farmer's Market.

My family wants to have a BBQ in Cedar Park. Can we have alcohol?

Yes, if you get a permit. The Police Department issues separate permits for groups with 10 or fewer people and for groups with over 10 people.

How long does it take to get a permit and how much does it cost?

Groups with 10 or fewer people take up to 3 business days to process and cost $35. Groups with more than 10 people take up to 16 business days and cost $35. Although you may pick up an application at the Police Department or the Parks and Community Services Department, you must go to the Police Department (2600 Fifth Street, 530-747-5400) to obtain the permit itself. The application packet explains the requirements necessary to obtain the permit.

Our neighborhood is planning a block party in our street. Can we have alcohol?

Yes, if you get a permit. The Police Department has streamlined its permit process so that you can submit one form (and one fee) to cover permits such as alcohol, noise and street use.

Can I have an open container of alcohol on the sidewalk?

Only if you obtain a permit for a special function.

What grounds will be used to deny permits?

The Police Department will look at the type of special event to be held, any history of complaints associated with the issuance of previous permits to the applicant/organization, and, for groups over 10 people, compliance with noticing requirements.

What is the penalty for violating the open container ordinance?

A violation is an infraction. As with many traffic tickets, you pay a fine, but you would not be arrested for this violation itself. Officers have the authority to issue citations.

How do I know what park is within 600 feet of school property?

You must obtain a permit if you wish to have a function with open containers of alcohol at one of these locations during hours when school or school functions are in session and immediately before and after.  600 feet maps are provided by clicking on the school name listed after each specific location.  A map of all Davis schools within a 600 foot radius is provided at the end of this section.

Reservations for picnic areas that are within 600 feet of school property include the following:

Reservations for city fields that are within 600 feet of school property include the fields at the following parks:

Parks that are within 600 feet (all or in part) of school property include the following:

Map of all Davis schools within a 600 foot radius of school property

If you have a specific question about an area, detailed maps are available for viewing at the Police Department (2600 Fifth Street) and the Parks and Community Services Department (23 Russell Boulevard) and by clicking the name of the school on this website.