Chapter 40.28
CONSUMPTION OF ALCOHOL

Sections:

40.28.010    Consumption of alcohol on public property – Tidelands Park.

40.28.015    Consumption of alcohol on public property – City hosted functions.

40.28.020    Warning regarding alcohol consumption.

40.28.030    Beverage containers on posted premises.

40.28.010 Consumption of alcohol on public property – Tidelands Park.

A. Except as otherwise provided in this subsection, and in subsection B of this section, no person shall consume any malt, spirituous or vinous liquor containing more than one-half of one percent of alcohol by volume on any public street, alley, sidewalk, beach, park, or other public property within this City except in accordance with the terms of a lease or other permit approved by the City Council. (Pen. Code § 647(f).)

B. Notwithstanding subsection A of this section, consumption of any malt, spirituous or vinous liquor containing more than one-half of one percent of alcohol by volume may be allowed for private events conducted in Tidelands Park under those conditions approved by the Coronado City Council including, at a minimum, the following:

1. The event must be for groups of 25 or more.

2. The event must be located in a controlled area, clearly designated in Tidelands Park through markings or limited access.

3. The responsible party shall provide private, professional security on site at all times during the event, with one security officer present for the first 25 participants and one security officer for each additional 50 participants.

4. Alcohol may be consumed during the hours of 12:00 noon and 10:00 p.m. on the same day, with all alcohol removed from Tidelands Park at the time of the conclusion of the event, in no event later than 10:00 p.m.

5. Alcoholic beverages shall be provided only to event participants, aged 21 and older, and shall be free of charge.

6. The responsible party shall first obtain permits issued by (a) the San Diego Unified Port District, and (b) the Coronado City Manager’s Office, which shall be subject to such conditions as approved by the Coronado City Council. If a caterer is hired to provide and/or serve the alcoholic beverages at the event, the responsible party shall also provide proof that the caterer has obtained the necessary permit from the State Alcoholic Beverage Control Board.

7. The responsible party shall execute a release and hold harmless agreement in the form approved by the City Attorney, and shall provide liability insurance in the form and coverage limits, and with such endorsements (including endorsements covering the sale or provision of alcohol), approved by the City’s Director of Administrative Services, or his or her designee. Each policy shall provide an endorsement naming the City of Coronado and its elected and appointed officials, officers, agents and employees as additional insureds. (Ord. 2004 § 2, 2009)

40.28.015 Consumption of alcohol on public property – City hosted functions.

A. Notwithstanding CMC 40.28.010(A), the possession and/or consumption of any malt, spirituous or vinous liquor containing more than one-half of one percent of alcohol by volume may be allowed at any organized group activity which has been planned, sponsored, co-sponsored, or funded by the City.

B. The Coronado City Manager or the Coronado City Manager’s designee may attach conditions to any such group activity as outlined in subsection A of this section which are deemed necessary or appropriate to ensure that the consumption of alcohol will be carried on in conformance with applicable laws, rules and regulations, in a manner consistent with proper public facilities area uses, and in a manner not detrimental to the public interest.

C. Alcoholic beverages shall be provided only to participants or attendees of any such group activity, aged 21 or older.

D. Alcoholic beverages shall be prohibited from all events involving youth honorees. (Ord. 2059 §  2, 2016)

40.28.020 Warning regarding alcohol consumption.

A. Any person or entity who owns, operates, manages, leases or rents premises offering wine, beer or other alcoholic beverages for sale, or dispensing for consideration to the public, shall cause a sign or notice to be permanently posted or displayed on the premises which reads as follows:

PREGNANCY AND ALCOHOL DO NOT MIX – DRINKING ALCOHOLIC BEVERAGES, INCLUDING WINE AND BEER, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.

B. The sign or notice shall be no smaller than eight and one-half inches wide by five and one-half inches long with lettering of no less than three-eighths inch in height.

C. The sign shall be placed:

1. Where the sale or dispensing of wine, beer or other alcoholic beverages to the public is primarily intended for consumption off the premises, at least one sign shall be so placed as to assure that it is conspicuously displayed so as to be readable at all points of purchase.

2. Where the sale of wine, beer or other alcoholic beverages to the public is primarily intended for consumption on the premises, at least one sign shall be placed to ensure that it is conspicuously displayed so as to be readable in each public restroom.

D. In the event a substantial number of the public patronizing a premises offering for sale or dispensing wine, beer or other alcoholic beverages uses a language other than English as a primary language, an additional sign or notice as is required by this section shall be worded in the primary language or languages involved. (Ord. 1702; Ord. 1653; Ord. 1575)

40.28.030 Beverage containers on posted premises.

A. No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted, nonprivate residential parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9, commencing with Section 23000, of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises.

B. A retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 of the Business and Professions Code to operate within this City of Coronado shall post such licensed premises with notices clearly visible to patrons of the licensee and parking lot and to persons on the public sidewalk that the provisions of subsection A of this section are applicable. Such notices shall include language that states that possession of any opened alcoholic beverage container is prohibited by law.

C. Any person violating a provision of this section is guilty of an infraction.

D. As used in this section, “posted premises” means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate that the provisions of subsection A of this section are applicable.

E. The provisions of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises. (Ord. 1592)