Chapter 9.06
PUBLIC DRINKING OF ALCOHOLIC BEVERAGES
Sections:
9.06.020 Consumption or possession of open containers in public places.
9.06.030 Consumption or possession of open container on privately owned parking lot.
9.06.010 Definitions.
(1) “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 1 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.
(2) “Open container” means a bottle, can or other receptacle which has been opened, or a seal broken or the contents partially removed.
(3) “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). (Ord. 590, 1989)
9.06.020 Consumption or possession of open containers in public places.
(1) No person may drink any alcoholic beverage or possess an open container of any alcoholic beverage
(a) upon any public street, alley, sidewalk, parking lot, park or other public property, except in a public park where not posted; or
(b) on any public school property; or
(c) in the entrance way to any building, which entrance-way is open to view from the public street;
unless an exception exists under the Section 9.06.050.
9.06.030 Consumption or possession of open container on privately owned parking lot.
No person may drink any alcoholic beverage or possess an open container of any alcoholic beverage while upon a privately-owned automobile parking lot to which the public is invited and permitted and open to view from the public street unless an exception exists under section 9.06.050.
9.06.040 Consumption or possession of open container near premises from which alcoholic beverages are sold.
(1) Prohibited Activity. No person possessing an open container of any alcoholic beverage may enter, be or remain on premises from which alcoholic beverages are sold for off-site consumption or on the sidewalk or parking lot adjacent to it.
This section applies only if notice is posted at the premises as provided in subsection (2).
(2) Posting. The operator of premises from which alcoholic beverages are sold for off-site consumption shall post clearly visible notices indicating to customers and to other persons using the adjacent parking lot and sidewalk that possessing an open container of alcoholic beverages is prohibited. (Ord. 590, 1989)
Each notice shall read substantially as follows:
“Possession of open container of alcoholic beverage is prohibited.
Municipal Code section 9.06.040"
9.06.050 Exceptions.
This Chapter does not apply to:
(1) a private residential parking lot which is immediately adjacent to the premises from which alcoholic beverages are sold.
(2) Sections 9.06.020 and 9.06.030 do not apply to a group which has planned an organized event at which alcoholic beverages will be served provided the group has first applied to and received written consent from the Chief of Police.
(3) shall not be construed to make punishable an act prohibited by a statute of the State of California. (Ord. 590, 1989)