Chapter 11.18
ALCOHOLIC BEVERAGES
Sections:
Part 1. Public Drinking
11.18.010 Drinking in Public Deemed Misdemeanor—Exceptions.
Part 2. Drinking at Public Schools
11.18.020 Alcohol Beverage Defined.
11.18.030 Consuming Alcoholic Beverages Prohibited at Schools and Athletic Events.
Part 3. Possession of Opened Alcoholic Beverage Receptacles
Part 1. Public Drinking
11.18.010 Drinking in Public Deemed Misdemeanor—Exceptions.
Every person who consumes any beer, wine or other intoxicating beverage on any public street, sidewalk, alley, highway or parking lot open to the public is guilty of a misdemeanor. This section shall not be deemed to proscribe any act which is positively permitted or prohibited by any law of the State of California. (Ord. 89-29, 1/23/90)
Part 2. Drinking at Public Schools
11.18.020 Alcohol Beverage Defined.
“Alcoholic beverage” means and includes 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. (Ord. 89-29, 1/23/90)
11.18.030 Consuming Alcoholic Beverages Prohibited at Schools and Athletic Events.
Every person who enters, goes onto or remains on the premises of any public school in the city, or any stadium or athletic field while being used by any public school for any athletic contest, while such person is consuming alcoholic beverages, is guilty of a misdemeanor. (Ord. 89-29, 1/23/90)
Part 3. Possession of Opened Alcoholic Beverage Receptacles
11.18.040 Possessing Opened Alcoholic Beverage Receptacle Prohibited at or Near Off-Sale Liquor Establishments.
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 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 Profession Code, or on any public sidewalk immediately adjacent to the licensed and posted premises.
B. As used in subsection (A) of this section, “posted premises” means those premises which are subject to licensure under any retail package off-sale alcohol beverage license, the parking lot immediately adjacent to the licensed premises on which clearly visible notices indicate to the 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.
C. Pursuant to subsection (B) of this section, off-sale liquor store establishments are required to post a sign on the premises advising patrons of subsection (A) of this section. The sign shall be in a conspicuous place and readily observable. It should be eighteen (18) inches by twenty-four (24) inches in size and read as follows: “It is an infraction for any person who possesses any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal broken, or the contents of which have been partially removed, to enter, be, or remain on the premises of, including the parking lot of such liquor store establishment or the public sidewalk immediately adjacent to it.” (Ord. 89-29, 1/23/90)
11.18.050 Exception.
The provisions of this section shall not apply to a private, residential parking lot which is immediately adjacent to the posted premises. (Ord. 89-29, 1/23/90)
11.18.060 Violation—Penalty.
Any person who violates any provision of Section 11.18.040(A) is guilty of infraction and is punishable by:
A. A fine of fifty dollars ($50.00) for a first violation;
B. A fine of one hundred dollars ($100.00) for a second violation;
C. A fine of two hundred fifty dollars ($250.00) for each subsequent violation.
For a violation of Section 11.18.040(A) to occur, the posting of a sign in accordance with the provisions of Section 11.18.040(B) is required. (Ord. 89-29, 1/23/90)