Division III. Offenses Against Public Decency
Chapter 9.28
PUBLIC INTOXICATION AND DRINKING1
Sections:
9.28.010 Consumption of alcoholic beverages in public places.
9.28.020 Consumption of alcoholic beverages on privately owned parking lot.
9.28.030 Consumption of alcoholic beverages near premises from which alcoholic beverages are sold.
9.28.040 Persons under the influence of liquor or drugs in public prohibited.
9.28.080 No mandatory duty of care.
9.28.090 Preemption by state law.
9.28.100 Violation an infraction.
9.28.010 Consumption of alcoholic beverages in public places.
No person may consume any alcoholic beverage upon any public property including, but not limited to, a street, alley, sidewalk, parking lot, park, picnic area, plaza, greenbelt or other public area; or in the entrance way to any building, which entrance way is open to view from the public street, without first obtaining a permit as provided in PMC 9.28.070. [Ord. 1134 § 1, 1997; Ord. 865 § 1, 1984; 1937 Code § 536.]
9.28.020 Consumption of alcoholic beverages on privately owned parking lot.
No person may consume any alcoholic beverage while upon a privately owned automobile parking lot to which the public is invited and permitted and open to view from a public street unless an exception exists under PMC 9.28.050 or unless a permit is first obtained pursuant to PMC 9.28.070. [Ord. 1134 § 2, 1997; Ord. 865 § 1, 1984; 1937 Code § 536.2.]
9.28.030 Consumption of alcoholic beverages near premises from which alcoholic beverages are sold.
A. Prohibited Activity. Provided notice is posted in accordance with subsections (B) through (D) of this section, no person shall consume any alcoholic beverage on the sidewalk, parking lot adjacent to or on the premises of any place where alcoholic beverages are sold for off-site consumption.
B. Posting. The operator of premises where alcoholic beverages are sold for off-site consumption shall post in a clear and visible manner written notices indicating to customers and to other persons that the consumption of alcoholic beverages on the premises, adjacent parking lot and sidewalk is prohibited.
C. Form of Notice. Each notice shall read substantially as follows:
Consumption of alcoholic beverages on these premises and any adjacent parking lot and sidewalk is prohibited. Pittsburg Municipal Code Section 9.28.030.
D. Approval. The operator shall obtain the prior approval of the Pittsburg police department regarding the size, form, location and number of notices.
E. Exception. As provided in state law, this section shall not apply to a private residential parking lot which is immediately adjacent to the premises from which alcoholic beverages are sold. [Ord. 1134 § 3, 1997; Ord. 865 § 1, 1984; 1937 Code § 536.3.]
9.28.040 Persons under the influence of liquor or drugs in public prohibited.
It is unlawful for any person under the influence of intoxicating liquor, or any drug, or the combined influence of intoxicating liquor and any drug, to wilfully appear, remain or be in or on any private premises or in any private house to the annoyance of any other person. [Ord. 865 § 1, 1984.]
9.28.050 Exceptions.
PMC 9.28.010, 9.28.020 and 9.28.070 shall not apply to a use or activity that is sponsored or hosted by the city. [Ord. 1134 § 4, 1997; Ord. 865 § 1, 1984.]
9.28.060 Definitions.
As used in this chapter:
A. “Alcoholic beverage” means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
B. “Open container” means a bottle, can or other receptacle which has been opened, or a seal broken or the contents partially removed.
C. “Premises from which alcoholic beverages are sold for off-site consumption” means the premises of a retail package off-sale alcoholic beverage licensee licensed under the Alcoholic Beverage Control Act (Business and Professions Code Division 9, Section 23000 et seq.).
D. “Public area” means any public property including, but not limited to, a street, alley, sidewalk, parking lot, park, picnic area, plaza or greenbelt. [Ord. 1134 § 5, 1997; Ord. 865 § 1, 1984.]
9.28.070 Permit requirements.
A. The recreation director and the chief of police or their respective designees may issue permits for the consumption of alcoholic beverages upon receipt of a completed application filed no less than the close of business on the third working day prior to the event for which permission for alcoholic beverage consumption is requested. A processing fee shall be required for each application in an amount established by city council resolution. A person requesting permission to consume alcoholic beverages in a public park or public recreation area shall file his or her completed application with the director of leisure services. All other permit requests shall be filed with the chief of police.
B. Permits may be issued only for an individual event or series of events and shall be valid for only the date(s) and time(s) specified. Any permit issued may contain conditions as to the number of persons, the time and place for consumption of alcoholic beverages, litter removal, security precautions, and any other condition reasonably related to the maintenance of the public peace, health and safety.
C. The applicant shall contact the State Department of Alcoholic Beverage Controls to determine any applicable state permit requirements and restrictions and shall comply with any and all applicable state laws regarding consumption and serving of alcoholic beverages.
D. A permit may be denied for cause including, but not limited to:
1. Prior misuse of a permit issued under this section;
2. Prior misrepresentation of an applicant in completing the application;
3. Simultaneous conflicting activities in progress during the same hours at the requested public area;
4. Failure to pay the processing fee required with the permit application;
5. Prior alcohol-related violations of state or local law by the applicant; or
6. Misrepresentations or falsifying information on the permit application.
E. The chief of police or the director of leisure services may revoke a permit at any time if:
1. The applicant violates an alcohol-related law;
2. The applicant violates any or all conditions of the permit; or
3. The applicant’s activity authorized by the permit constitutes a disturbance of the peace, violates the rights of others or is considered a public nuisance. [Ord. 1134 § 6, 1997; Ord. 865 § 1, 1984.]
9.28.080 No mandatory duty of care.
This chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the city, or any officer or employee thereof, a mandatory duty of care towards persons or property within the city or outside of the city so as to provide a basis of civil liability for damages, except as otherwise provided by law. [Ord. 1134 § 7, 1997.]
9.28.090 Preemption by state law.
Nothing contained in this chapter shall be construed as affecting the exclusive right and power of the state to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the state or the possession or use of alcoholic beverages in or on any public schoolhouse or grounds. [Ord. 1134 § 8, 1997.]
9.28.100 Violation an infraction.
A violation of this chapter is an infraction, notwithstanding PMC 1.12.010. [Ord. 1134 § 9, 1997.]
9.28.110 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications. To this end, the provisions of this chapter are severable. The city council declares that it would have adopted the ordinance codified in this chapter irrespective of the invalidity of any particular portion thereof. [Ord. 1134 § 10, 1997.]
For statutory provisions regulating, inter alia, the consumption of intoxicating beverages on public school grounds, see Business and Professions Code § 25608; for the provisions prohibiting public intoxication, see Penal Code § 647.