Chapter 9.20
ALCOHOLIC BEVERAGES--USE IN PUBLIC PLACES
Sections:
9.20.010 Definitions.
A. “Alcoholic beverage” means alcohol, 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.
B. “Public places” means public parks, streets, roads, highways, alleys, sidewalks, paths or other public ways, or any private property on which the prohibited conduct is carried on in public view, within fifty feet of any public way and without the permission of the owner, owner’s agent or the person in lawful possession thereof. (Ord. 2006-04, Amended, 05/16/2006; Ord. 87-5 § 5: Ord. 84-19 § 1 (part))1
9.20.021 Alcoholic beverages.
A. A person shall not enter, be, or remain in any public place while in possession of any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or the seal broken, or the contents of which have been partially removed. This section does not apply when the possession is within a public place for which a license has been issued pursuant to Division 9 of the California Business and Professions Code, or when the possession of any can, bottle, or other receptacle containing any alcoholic beverage is confined to a picnic or barbeque area or paved area commonly used for the consumption of food within a public park, or when otherwise permitted pursuant to this Chapter.
B. The City Council may, by resolution, prohibit the possession of any can, bottle, or other receptacle containing any alcoholic beverage in any specified area otherwise exempt under subsection (A). The Department of Parks and Recreation shall post signs in such designated locations notifying the public that possession of open alcoholic beverage containers is prohibited and punishable by law.
C. This section does not apply to persons in possession of an alcoholic beverage container, left or discarded by others, for the purpose of its removal or deposit in an approved trash or recycling receptacle. (Ord. 2006-04, Amended, 05/16/2006; Ord. 2003-12, Repealed and Replaced, 11/04/2003)
9.20.025 Exemptions.
If the City Council determines that it will not be detrimental to the public health, safety, peace and welfare, it may from time to time exempt certain public places from the prohibitions of this Chapter at specified times and may exempt all public places from the prohibitions of this Chapter during specified public holidays, events, celebrations, parades, or festivals. Such exemptions shall be set forth by resolution of the City Council and filed with the city clerk. (Ord. 2006-04, Amended, 05/16/2006; Ord. 87-5 § 7: Ord. 84-19 § 1 (part))
9.20.030 Violation.
Violation of any of the provisions of this Chapter is unlawful and an offense. Such violations shall be punished as provided by Chapter 21.01 of Title 21. (Ord. 2006-07, Amended, 06/06/2006; Ord. 2006-04, Amended, 05/16/2006; Ord. 92-04 § 23: Ord. 87-5 § 8: Ord. 84-19 § 1 (part))
Editor’s Note: There were two Sections number “5” in Ord. 87-5.