Chapter 9.105
PUBLIC CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES
Sections:
9.105.030 Consumption prohibited.
9.105.040 Possession of open containers in public places.
9.105.070 Preemption by state law.
9.105.010 Purpose.
Public property and public areas within the city should be readily accessible and available to residents and the public at large. The consumption of alcoholic beverages in these areas can constitute a public health and safety hazard that adversely impacts neighborhoods, commercial areas and the general welfare of the city. It is the city’s intent to promote the use and enjoyment of public property and specified private property while balancing special events where alcoholic beverages may be permitted with appropriate conditions and regulations in place. (Ord. 1034 § 1 (part), 2005)
9.105.020 Definitions.
As used in this chapter:
A. “Alcoholic beverage” means any alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, as set forth in California Business and Professions Code Section 23004, as may be hereafter amended.
B. “ABC” means the Alcoholic Beverage Control Board for the state of California.
C. “Open container” means any bottle, can, jug or other receptacle which is open or has been opened and contains any alcoholic beverage.
D. “City facilities” means structures, buildings, or parks owned or controlled by the city of Folsom.
E. “Public area” means any noncommercial private property that is open to the general public, including but not limited to private streets and private open space areas. Public areas are not intended to include public or private golf courses or other private recreational areas.
F. “Public property” means any property owned or controlled by the city of Folsom, including, but not limited to, a street, sidewalk, bike path, alley, parking lot, or public park. (Ord. 1034 § 1 (part), 2005)
9.105.030 Consumption prohibited.
Except as provided in Section 9.105.050, it is unlawful for any person to consume any alcoholic beverage in the following places:
A. On any public property or public area in the city of Folsom.
B. On private property open to the public, including, but not limited to, parking lots and shopping centers, except where expressly permitted pursuant to the terms of a license issued by the ABC.
C. On a private driveway, exterior stairway or other exterior portion of private property unless the person is on such premises with the permission of the owner, his/her agent, or the person in lawful possession thereof. (Ord. 1034 § 1 (part), 2005)
9.105.040 Possession of open containers in public places.
A. It is unlawful for any person to possess an open container of any alcoholic beverage on public property or a public area in the city of Folsom, except as provided in Section 9.105.050.
B. It is unlawful for any person possessing an open container of any alcoholic beverage to enter, be or remain on the posted premises of any retail package off-sale alcoholic beverage licensee pursuant to Division 9 (commencing with Section 23000) of the California Business and Professions Code, including the posted parking lot or parking lots adjacent to the posted parking lot immediately adjacent to the premises.
1. As used in this section, “posted premises” means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises and which have been posted to prohibit the possession of open containers of alcoholic beverages.
2. Every person owning or operating a business licensed for the retail off-sale of packaged alcoholic beverages pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code shall post and maintain a sign not less than seventeen inches by twenty-two inches in size with lettering not less than one inch in height visible to the patrons of such business and the adjacent parking lot, setting forth the prohibitions contained in this section. (Ord. 1034 § 1 (part), 2005)
9.105.050 Exceptions.
A. This chapter shall not apply when the possession of an open container of alcohol or consumption of alcoholic beverages is within a structure or designated area located in a park or other public area for which an alcohol license has been issued by the ABC.
B. This chapter shall not apply to city facilities during the course of approved city events where the consumption of alcoholic beverages has been specifically permitted.
C. This chapter shall not prohibit consumption of alcoholic beverages in areas specifically described or included in an ABC license.
D. This chapter shall not apply on public property when:
1. The city has issued a permit for temporary use and occupancy of public property or public area, and the permit provides that alcoholic beverages will be sold or consumed as a part of the function for which the permit is issued. The city may apply reasonable conditions relating to the consumption of alcohol to any permit. The department, as designated by the city manager, that is responsible for issuance of a permit may specify those areas where alcoholic beverages may be consumed consistent with conditions of the permit.
2. Unless otherwise exempt by state law, events occurring on public property or public areas owned or controlled by the city, which involve the sale of alcoholic beverages, must have a daily alcohol beverage license issued by the ABC and written approval of the chief of police or his/her designee. The chief of police may impose reasonable conditions through the ABC. The written approval may be modified, suspended or revoked at any time by the chief of police or his/her designee without notice or a hearing where there is a danger to the public health, safety or general welfare of the residents, public or event participants. A modification, suspension or revocation by the chief of police may be appealed directly to the city manager or his/her designee whose decision shall be final, except where the event is concluded and in such case, there shall be no right to an appeal.
a. Should an appeal be requested pursuant to subsection (D)(2) of this section, the matter will be presented to the city manager or his/her designee as soon as reasonably practicable with the permit holder and the city representative(s) presenting relevant information to the city manager. Formal rules of evidence shall not apply and there shall be no right to cross examination of the presenters. The city manager or his/her designee shall set the time and place for the appeal and may establish the procedure for the appeal. (Ord. 1034 § 1 (part), 2005)
9.105.060 Penalty.
Unless another penalty is specified in state law, the following penalties shall be imposed for violations of the provisions of this chapter:
A. The first violation of this chapter is an infraction punishable by a fine not to exceed one hundred dollars.
B. A second violation of this chapter within one year is an infraction punishable by a fine not to exceed two hundred dollars.
C. Unless otherwise prohibited by state law, a third violation of this chapter within one year is a misdemeanor.
D. A violation of this chapter shall also be punishable as an administrative violation as defined in Section 1.08.020 and subject to enforcement proceedings as specified in Chapters 1.08 through 1.10. Violations of this chapter shall be a Level A violation with a minimum initial monetary sanction of one hundred dollars. Notwithstanding the procedure for administrative violations provided in Chapters 1.08 to 1.10, no notice to correct as provided in Section 1.09.023 shall be required prior to issuance of a notice of administrative violation. (Ord. 1034 § 1 (part), 2005)
9.105.070 Preemption by state law.
This chapter shall not be construed or interpreted as applicable to any act or acts regulated by state law, but shall be limited to permitted subjects of local regulation not preempted by state law. (Ord. 1034 § 1 (part), 2005)