Chapter 8.02
ALCOHOLIC BEVERAGE DRINKING RESTRICTIONS

Sections:

8.02.010    Alcoholic beverage defined.

8.02.020    Consumption of alcoholic beverage in public places.

8.02.025    Consumption of alcoholic beverage in County buildings, facilities or upon any grounds.

8.02.030    Possession of open alcoholic beverage containers.

8.02.040    Penalties for offenses.

8.02.010 Alcoholic beverage defined.

For the purposes of this chapter, “alcoholic beverage” includes alcohol, spirits, liquor, wine, beer and every other liquid which is fit for beverage purposes and which contains more than one-half of one percent of alcohol by volume. [Ord. 4488 § 1, 1998].

8.02.020 Consumption of alcoholic beverage in public places.

It is unlawful for any person to drink or consume any alcoholic beverage in or upon any of the following places in the unincorporated area of the County of Santa Cruz:

(A)    Any public park, except as provided in SCCC 10.04.160;

(B)    Any public street;

(C)    Any public way or sidewalk; and

(D)    Any public place defined as follows:

(1)    Any enclosed area outdoors which is owned or occupied by the County and used for public purposes,

(2)    Any unenclosed area outdoors, whether such area is publicly or privately owned or occupied, to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure, or other lawful purpose; this category shall include, but shall not be limited to, publicly owned open spaces, such as streets, sidewalks, parks, beaches, and open areas which may be either publicly or privately owned, such as entrance ways, alcoves, and parking lots; except those outdoor areas reserved for the business of serving food and beverages to the public,

(3)    Any privately owned walkway, either enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises without regard to the pedestrian’s destination, and

(4)    Outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks, or other public places open to the general public.

Notwithstanding the foregoing, the consumption of alcoholic beverages may be allowed on public property and public places in conformity with such rules as are adopted by resolution of the Board of Supervisors when notice is posted of such exception; and the consumption of alcoholic beverages on public school property is regulated by Business and Professions Code Section 25608 rather than by this section. [Ord. 4488 § 1, 1998].

8.02.025 Consumption of alcoholic beverage in County buildings, facilities or upon any grounds.

(A)    Except as expressly exempted by subsection (B) of this section or as expressly authorized by subsection (C) of this section, it is unlawful for any person to drink or consume any alcoholic beverage within any building, facility or upon any grounds that are owned or controlled, in whole or in part, by the County of Santa Cruz.

(B)    The following buildings and facilities and grounds are exempt from the prohibition established by subsection (A) of this section:

(1)    Any building, facility or grounds whose primary purpose and function is residential;

(2)    Any building, facility or grounds subject to a lease of 50 years or more in duration; and

(3)    Any licensed residential care facility.

(C)    The Director of Parks, Open Space and Cultural Services may issue a permit for the drinking or consumption of alcohol in a building, facility or upon any grounds subject to the prohibition contained in subsection (A) of this section. Permits issued by the director pursuant to this section are expressly limited to the service of beer, wine, or “sparkling wine” such as champagne, and shall require the applicant to provide proof of any license or permit required by the Alcoholic Control Act, a reasonable cleanup and damages deposit, and in those instances where there is an entrance fee charged and alcoholic beverages are sold, insurance in the amount specified by the director. Such insurance shall name the County, its officers, agents and employees as additional insured, be primary coverage and indemnify the County, its officers, agents and employees for any and all losses, including, but not by way of limitation, attorneys’ fees and legal costs which the County, its officers, agents and employees may suffer by reason of use of the permit. [Ord. 4594 § 1, 2000].

8.02.030 Possession of open alcoholic beverage containers.

It is unlawful for any person to have in his or her possession any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, on any property subject to SCCC 8.02.020 or 8.02.025 if the consumption of alcoholic beverages is prohibited in such areas by SCCC 8.02.020 or 8.02.025. [Ord. 4594 § 2, 2000; Ord. 4488 § 1, 1998].

8.02.040 Penalties for offenses.

Any person who violates any of the provisions of SCCC 8.02.020 shall be guilty of a misdemeanor and punishable as provided in SCCC 1.12.030; and any person who violates any of the provisions of SCCC 8.02.030 shall be guilty of an infraction and punishable as provided in SCCC 1.12.040. [Ord. 4488 § 1, 1998].