Chapter 9.04
ALCOHOLIC BEVERAGE CONSUMPTION1
Sections:
9.04.010 Public consumption prohibited.
9.04.010 Public consumption prohibited.
Except as provided in BMC 9.04.020, it is unlawful for any person to consume an alcoholic beverage or possess an open container of an alcoholic beverage in or upon any public street, sidewalk, alley, lane, way, highway or parking lot; or upon the grounds of any public building or facility; or upon any private parking lot, including unimproved land suitable and used for the parking of vehicles, which is open to the public, whether or not any fee is charged for the entry to or use of space in the parking lot.
The consumption of alcoholic beverages in public parks and playgrounds is regulated by Chapter 12.28 BMC. (Ord. 95-9 N.S.; Ord. 76-21 N.S. § 1, 1976; prior code § 12-1001).
9.04.020 Exceptions.
A. BMC 9.04.010 shall not be construed as to make it unlawful for any person to consume an alcoholic beverage or to possess an open container of alcoholic beverage within any public building or facility, or upon any public golf course or golf driving range; further, BMC 9.04.010 shall not be construed to make punishable any act or acts which are prohibited or made punishable by any law of the state.
B. It shall not be unlawful for a person to consume an alcoholic beverage or possess an open container of an alcoholic beverage when the person is attending a function operating under an alcohol permit issued in accordance with BMC 9.04.030. (Ord. 95-9 N.S.; Ord. 76-21 N.S. § 1, 1976; prior code § 12-1002).
9.04.030 Alcohol permit.
No person shall give or sell to another person any alcoholic beverage while in or upon any public street, sidewalk, alley, lane, way, highway or parking lot; or in any public park or playground, or upon the grounds of any public building or facility; or upon any private parking lot, including unimproved lands suitable and used for the parking of vehicles, which is open to the public, whether or not any fee is charged for the entry to or use of space in the parking lot; without first obtaining a permit issued by the city. The city council shall, by resolution, establish the procedure for obtaining an alcohol permit, including the fees for such permits. (Ord. 95-9 N.S.).
9.04.040 Violation – Penalty.
Repealed by Ord. 03-9. (Ord. 95-9 N.S.; Ord. 76-21 N.S. § 1, 1976; prior code § 12-1003).
For statutory provisions on public intoxication, see Penal Code § 647(f).