V. Offenses Against Public Peace

Chapter 9.36
CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES

Sections:

9.36.010    Alcoholic beverage defined.

9.36.020    Consumption of alcoholic beverage in public places.

9.36.030    Exemption.

9.36.040    Possession of open alcoholic beverage containers.

9.36.050    Penalties for offenses.

9.36.010 Alcoholic beverage defined.

For the purposes of this chapter, “alcoholic beverage” includes alcohol, spirits, liquor, wine, beer and every other liquid that is fit for beverage purposes and that contains more than one-half of one percent of alcohol by volume. (Ord. 08-2004 § 2, 2004).

9.36.020 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 area of the city of Sonoma between sunset and 11:30 a.m.:

A. Any public park;

B. Any public street;

C. Any public way or sidewalk; and

D. Any public place defined as follows:

1. Any enclosed area outdoors that is owned or occupied by the city 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, 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 beverage to the public;

3. Any privately owned walkway, either enclosed or unenclosed, which is open to the general public and that, 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. (Ord. 08-2004 § 2, 2004).

9.36.030 Exemption.

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 city council or permitted by the city of Sonoma and the State of California Department of Alcoholic Beverage Control. The consumption of alcoholic beverages on public school property is regulated by Business and Professions Code Section 25608 rather than by this section. (Ord. 08-2004 § 2, 2004).

9.36.040 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, between sunset and 11:30 a.m., on any property subject to SMC 9.36.020 if the consumption of alcoholic beverages is prohibited in such areas. (Ord. 08-2004 § 2, 2004).

9.36.050 Penalties for offenses.

Any person who violates any of the provisions of SMC 9.36.020 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Chapter 1.12 SMC. Any person who violates any of the provisions of SMC 9.36.040 shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine not to exceed $100.00. (Ord. 08-2004 § 2, 2004).