Chapter 9.12
INTOXICATION*
* For statutory provisions designating every common drunk a vagrant, see Pen. Code § 647(f).
Sections:
9.12.020 Consumption of intoxicating liquors in public places.
9.12.030 Display of open containers.
9.12.035 Repealed by Ord. 85-76 § 6.
9.12.040 Repealed by Ord. 84-67 § 2.
9.12.050 Possession of intoxicating liquor in San Lorenzo Park.
9.12.060 Penalty – Single offense.
9.12.070 Penalty – Subsequent offense within forty-eight hours.
9.12.010 INTOXICATING LIQUOR.
For the purpose of this chapter “intoxicating liquor” includes any alcoholic beverage containing more than one-half of one percent of alcohol by volume and all kinds of spirituous, vinous and malt liquors.
(Prior code § 4250).
9.12.020 CONSUMPTION OF INTOXICATING LIQUORS IN PUBLIC PLACES.
It is unlawful for any person to consume any intoxicating liquor in any public place or public way as defined in Chapter 9.50 or on any school grounds. This section does not apply to consumption or possession of intoxicating liquor in the civic auditorium, in cafe extension areas licensed pursuant to the applicable provisions of Chapter 24.10 of this code; in the city library or in other public places where possession and consumption of intoxicating liquor is permitted by rules adopted by the public official responsible for the public place.
(Ord. 93-10 § 1, 1993: Ord. 92-33 § 1, 1992: Ord. 82-26 § 1, 1982: Ord. 82-11 § 1, 1982: Ord. 81-41 § 1, 1981: Ord. 80-14 § 1, 1980: Ord. 70-3 § 1 (part), 1970: prior code § 4251).
9.12.030 DISPLAY OF OPEN CONTAINERS.
No person shall have in his or her possession in any public place described in Section 9.12.020 any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed, unless such receptacle is fully enclosed in a box or other container, so as to be inaccessible for consumption without opening the box or other container. This section shall not be construed to apply under any circumstances governed or regulated by the California Vehicle Code.
(Ord. 70-3 § 1 (part), 1970: prior code § 4251A; repealed and readopted by Ord. 80-14 § 2, 3, 1980).
9.12.035 Repealed by Ord. 85-76 § 6.
9.12.040 MINORS’ SOLICITATION OF ALCOHOLIC BEVERAGE PURCHASES.
(a) It is unlawful for any minor (i.e. any person under the age of 21 years), whether on public or private property, to solicit another person to purchase an alcoholic beverage for the minor from an off-sale alcohol retailer.
(b) This section shall not apply to a minor’s solicitation of another person for the purchase of an alcoholic beverage from an on-sale alcohol retailer.
(c) This section shall not apply to a minor’s actual or attempted direct purchase of an alcoholic beverage from an off-sale alcohol retailer.
(Ord. 99-15 § 1, 1999).
9.12.050 POSSESSION OF INTOXICATING LIQUOR IN SAN LORENZO PARK.
It is unlawful for any person to have in his or her possession any intoxicating liquor anywhere in San Lorenzo Park.
(Ord. 79-38 § 1, 1979).
9.12.060 PENALTY – SINGLE OFFENSE.
Any person who violates any section in this chapter is guilty of an infraction and shall be subject to a fine of not less than fifty dollars.
(Ord. 79-42 § 1, 1979).
9.12.070 PENALTY – SUBSEQUENT OFFENSE WITHIN FORTY-EIGHT HOURS.
Any person who violates any section in this chapter and is cited for such violation, and who within forty-eight hours after receiving such citation again violates the same section, is guilty of a misdemeanor.
(Ord. 79-42 § 1, 1979).