Chapter 9.15
ALCOHOLIC BEVERAGES
Sections:
9.15.010 Possession and consumption prohibited in certain places.
Cross references: Streets, sidewalks, and other public places, Title 12.
9.15.010 Possession and consumption prohibited in certain places.
Except as provided in section 9.15.020, it shall be unlawful for any person to consume, drink, exhibit, or possess an open container of any alcoholic or intoxicating beverage in any quantity in the following public places, places open to the public and places open to public view:
(1) On any public street, sidewalk, way, or alley, or in any public parking lot, public park, or recreation area in the city;
(2) On the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee; and
(3) On other private property open to the public, including but not limited to parking lots and shopping centers, where the sale of alcoholic beverages has not been licensed;
(4) On a private drive, stairway, doorway, or other private property open to public view without the express permission of the owner, his agent, or the person in lawful possession thereof.
(Code 1965, § 4250; Code 2002, § 66-101. Ord. No. 1103; Ord. No. 88-19)
9.15.020 Exemptions.
The provisions of section 9.15.010 shall not apply to the consumption, drinking, exhibition, or possession of an open container of alcoholic or intoxicating beverages in a public park or recreation area under one or more of the following conditions:
(1) Where the sale of alcoholic beverages has been approved or licensed for the public park or recreation area by the state Department of Alcoholic Beverage Control;
(2) Where, at least 24 hours before using the park or recreation area, a written permit to possess alcoholic or intoxicating beverages in a specific public park or recreation area has been obtained from the city and the fee established by the Resolution Establishing Fees and Charges for Various Municipal Services of the city for said permit has been paid;
(3) The use or activity in the park or recreation area is sponsored or authorized by the city.
(Code 1965, § 4251; Code 2002, § 66-102. Ord. No. 1103; Ord. No. 1228)
9.15.030 Definitions.
Licensed shall be defined pursuant to Business and Professions Code § 23044.
Open container. The definition of “open container” shall include, but is not limited to, any bottle, can, thermal jar or jug, vessel, or other receptacle which is open, has been opened, or which has a seal broken, or the contents of which have been partially removed.
(Code 1965, § 4252; Code 2002, § 66-103. Ord. No. 1103)
Cross references: Definitions generally, § 1.05.100.
9.15.040 Severability.
If any provision or clause of this article or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision of application; and to this end, the provisions of this article are declared severable.
(Code 1965, § 4253; Code 2002, § 66-104. Ord. No. 1103)