It depends on where you are and how old you are. For adults, the Department of Parks and Recreation’s regulations do not ban alcohol throughout the state park system. Instead, a park unit can post an order making an area a “no alcoholic beverage” area, and violating a posted order is a misdemeanor or an infraction. If you are under 21, possessing alcohol in any public place is generally a misdemeanor under state law.
How the posted-order rule works
The department must protect the state park system and preserve the peace there, and its director may designate department employees as peace officers to enforce its rules and regulations (Public Resources Code section 5008). One of those regulations, California Code of Regulations, title 14, section 4326, says no person shall violate a posted order, “including, but not limited to, prohibited areas, use periods, no alcoholic beverage areas, no smoking areas and no parking areas.” A no-alcohol area is not a separate statewide category. It is one of the restrictions a unit can post, like a no-smoking or no-parking area.
“Posted” has a specific meaning in these regulations: the department keeps a bulletin board or similar device at the district headquarters and at the affected unit, in a place convenient to the public, where it posts that unit’s special instructions and orders (title 14, section 4301(i)). An order can therefore appear on the unit’s posting board as well as on signs.
The penalty for violating a posted order
Under Public Resources Code section 5008(d), a person who violates the department’s rules and regulations “is guilty of either a misdemeanor” or an infraction. As a misdemeanor, the maximum is 90 days in county jail, a $1,000 fine, or both. As an infraction, the maximum is a $1,000 fine. The statute does not say which level applies in a particular case.
Why one beach can be wet and the next dry
Because the rule works through orders posted unit by unit, alcohol can be allowed in one area, campground, or day-use zone and prohibited a short distance away, and a unit’s orders can change. Before you bring alcohol, check the unit’s posted orders and signs or ask park staff, rather than relying on a nearby beach or a past visit.
Laws that apply without any posted order
Some state laws apply at every state beach and park. With limited exceptions, a person under 21 who possesses alcohol in a public place commits a misdemeanor (Business and Professions Code section 25662). Anyone found intoxicated in a public place who is unable to care for their own safety or others’, or who because of the intoxication blocks a street, sidewalk, or other public way, can be charged under Penal Code section 647(f), discussed on the firm’s public intoxication page.
What this page does not cover
This page covers units of the state park system run by the Department of Parks and Recreation. Many beaches and parks are run by a city, county, or other agency with its own rules, which this page does not address. If you were cited, confirm which agency operates the location and which rule the citation names.
If you have been cited for violating a posted order, or the incident involved more than alcohol alone, the Law Offices of David S. Chesley can review what was posted at that location and how the citation was written. Call (800) 755-5174 to discuss your situation.