Chapter 9.32
ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY
Sections:
9.32.020 Consumption of intoxicating liquors in public places.
9.32.030 Display of open containers.
9.32.040 Minors’ solicitation of alcoholic beverage purchases.
9.32.050 Penalty – Single offense.
9.32.060 Penalty – Subsequent offense within forty-eight hours.
9.32.010 Intoxicating liquor.
For the purpose of this chapter, “intoxicating liquor” includes any alcoholic beverage containing more than one-half of one percent of alcohol by volume and all kinds of spirituous, vinous and malt liquors. (Ord. 865 § 2, 2004)
9.32.020 Consumption of intoxicating liquors in public places.
A. It is unlawful for any person to consume any intoxicating liquor in any public place or public way or on any school grounds. This section does not apply to consumption or possession of intoxicating liquor in public places where possession and consumption of intoxicating liquor is permitted by rules adopted by the public official responsible for the public place or pursuant to a land use permit or special event permit issued by the city.
B. As used in this chapter, the term “public place” means any of the following:
1. Any area inside a city or school district building;
2. Any enclosed area outdoors which is owned or occupied by the city and used for public purposes, or which is owned or occupied by a public school district;
3. 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 includes, but is not limited to, publicly owned open areas such as streets, sidewalks, parks, beaches, and open areas that may be either public or privately owned, such as entrance ways, alcoves, yards, and parking lots;
4. Any privately owned walkway, whether 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;
5. Outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks or other public places open to the general public.
C. As used in this chapter, the term “public way” shall mean any public place or portion of a public place which serves primarily for the movement of pedestrian, vehicular or bicycle traffic from one area to another. “Public way” includes, but is not limited to, streets, sidewalks, bicycle paths, covered or enclosed walkways for pedestrians and portions of the municipal wharf set aside for pedestrian or vehicular traffic.
D. As used in this chapter, the term “enclosed area” shall mean an area which is substantially surrounded by a fence, ditch, wall or other barrier so as to limit access to a relatively few points around the area.
E. As used in this chapter, the term “city building” shall mean any building which is owned or occupied by the city or any of its agencies and which is used for public purposes.
F. As used in this chapter, the term “school district building” shall mean any building which is owned or occupied by a public school district and which is used for public purposes. (Ord. 865 § 2, 2004)
9.32.030 Display of open containers.
No person shall have in his or her possession in any public place or public way described in Section 9.32.020 any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broke, or the contents of which have been partially removed, unless such receptacle is fully enclosed in a box or other container, so as to be inaccessible for consumption without opening the box or other container. This section shall not be construed to apply under any circumstances governed or regulated by the California Vehicle Code. (Ord. 865 § 2, 2004)
9.32.040 Minors’ solicitation of alcoholic beverage purchases.
A. It is unlawful for any minor (i.e., any person under the age of twenty-one years), whether on public or private property, to solicit another person to purchase an alcoholic beverage for the minor from an off-sale alcohol retailer.
B. This section shall not apply to a minor’s solicitation of another person for the purchase of an alcoholic beverage from an on-sale alcohol retailer.
C. This section shall not apply to a minor’s actual or attempted direct purchase of an alcoholic beverage from an offsale alcohol retailer. (Ord. 865 § 2, 2004)
9.32.050 Penalty – Single offense.
Any person who violates any section of this chapter is guilty of an infraction and shall be subject to a fine of not less than fifty dollars. (Ord. 865 § 2, 2004)
9.32.060 Penalty – Subsequent offense within forty-eight hours.
Any person who violates any section in this chapter and is cited for such violation, and who within forty-eight hours after receiving such citation again violates the same section, is guilty of a misdemeanor. (Ord. 865 § 2, 2004)