Chapter 9.50
USE OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES
Sections:
9.50.010 Prohibited – Exception.
9.50.020 Prohibited at spectator events.
9.50.040 Enforcement of provisions.
9.50.050 Exemptions to chapter applicability.
9.50.010 Prohibited – Exception.
It is unlawful for any person to use, drink or possess any alcoholic beverage in any public building within the city. “Public building,” for the purpose of this section, means any building owned or leased by the city.
This prohibition shall not apply to those rooms or areas within public buildings designated by the city council as appropriate for the consumption of alcoholic beverages. (Ord. 1327 § 1, 1976.)
9.50.020 Prohibited at spectator events.
It is unlawful for any person to use, drink or possess any alcoholic beverage in any city park where a spectator event is held during the course of such an event. “Spectator event,” for the purpose of this section, means any athletic or sports event scheduled or authorized by the city where spectators of such event are provided fixed seats from which to observe the event. Park areas to which this prohibition applies shall be appropriately posted. (Ord. 1327 § 1, 1976.)
9.50.030 Consumption of alcoholic beverages or possession of open containers of alcoholic beverages prohibited in certain locations.
A. No person shall consume any alcoholic beverage or have upon his person or in his personal possession any open container of any alcoholic beverage upon any public street, highway, sidewalk, parkway or alley way.
B. No person shall, while in or on any parking lot open to the public, consume any alcoholic beverage or have upon his person or in his personal possession any open container of any alcoholic beverage.
C.1. The term “parking lot open to the public,” as used in this section, means any outdoor lot used for the parking of motor vehicles and includes publicly owned parking lots open to members of the public generally and private parking lots open to members of the public or to visitors or to patrons of a particular business or entertainment establishment.
2. The term “alcoholic beverage,” as used in this section, includes alcohol, spirits, liquor, wines, beer, ale and every liquid containing one-half of one percent or more of alcohol by volume.
3. The term “open container,” as used in this section, includes any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal of which has been broken or the contents of which have been partially removed. (Ord. 1523 § 1, 1982; Ord. 1359 § 1, 1977.)
9.50.040 Enforcement of provisions.
Violation of any of the provisions set out in CMC 9.50.030 shall be prosecuted as an infraction as provided for in Section 19 of the California Penal Code. Any person convicted of three or more infractions of this chapter shall be subject to misdemeanor prosecution upon further violations of this chapter. (Ord. 1523 § 2, 1982.)
9.50.050 Exemptions to chapter applicability.
This chapter shall not apply to amusements, exhibitions, meetings and shows which have applied for and received a city permit for the sale and consumption of alcoholic beverages (CMC 5.08.160). (Ord. 1523 § 3, 1982.)