Chapter 9.08
ALCOHOLIC BEVERAGE OFFENSES AND REGULATIONS
Sections:
9.08.020 Consumption of alcohol in public.
9.08.030 Possession of open containers on public property/places open to the public.
9.08.040 Possession of opened alcoholic beverage container on posted premises.
9.08.050 Loitering on posted premises.
9.08.060 Posting beverage prices.
9.08.070 Posting alcoholic beverage warning signs.
9.08.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Alcoholic beverage” shall have the same meaning as that set forth in Business and Professions Code section 23004 as the same may be amended form time to time.
“Licensee” shall mean any business that is licensed for the sale of alcohol pursuant to Division 9 of the California Business and Professions Code, commencing with section 23000.
“Open container” shall mean any bottle, can or other receptacle containing any alcoholic beverage which has been opened, which has a seal broken, or the contents of which have been partially removed.
“Public place” shall mean and include, but is not limited to, any sidewalk, street, alley, park, parkway, or other property which is owned by the City of Gardena and to which the public has access.
“Retail package off-sale alcoholic beverage licensee” shall mean any retail premises that is licensed for such sales pursuant to Division 9 of the California Business and Professions Code, commencing with section 23000. (Ord. 1612 § 1, 2001; prior code § 4-6.01)
9.08.020 Consumption of alcohol in public.
A. No person shall consume any alcoholic beverage in any public place or in any place open to the patronage of the public which premises are not licensed by the State and approved by the City, if required, for the consumption of such beverages on the premises.
B. No owner, manager, operator or employee of any place of business which is open to the general public shall allow any person to consume any alcoholic beverage in such place, except upon a premise properly licensed by the State and approved by the City, if required, for the on-sale consumption of such beverage.
C. In addition to any other punishment provided by this Code, any person who violates any provision of this sections may be immediately expelled, removed, or ejected from such grounds or premises.
D. The provisions of this section shall not be deemed to make punishable any act or acts which are prohibited by the laws of the state. (Ord. 1612 § 1 (part), 2001; prior code § 4-6.11)
9.08.030 Possession of open containers on public property/places open to the public.
A. Any person possessing an open container in any public park or other public place shall be guilty of an infraction.
B. This section shall not apply where the possession is within premises located in a park or other public place for which an alcohol license has been issued pursuant to Division 9 of the California Business and Professions Code and any necessary permit has been granted by the City.
C. This section shall not apply when an individual is in possession of an alcoholic beverage container for the purpose of recycling or other related activity. (Ord. 1612 § 1 (part), 2001)
9.08.040 Possession of opened alcoholic beverage container on posted premises.
A. No person who has in his or her possession any open container shall enter, be, or remain on the licensed premises, the immediately adjacent parking lot, or the immediately adjacent public sidewalk of any retail package off-sale alcoholic beverage licensee, when such premises are posted in accordance with subsection B.
B. Every retail package off-sale alcoholic beverage licensee shall be required to post and maintain clearly visible signs on the premises and any immediately adjacent parking lot to the licensed premise, a notice in substantially the following form:
No person who has in his or her possession any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the premises, including the immediately adjacent parking lot or the immediately adjacent public sidewalk. Violation of this section is an infraction.
This notice shall also be visible to persons on the immediately adjacent public sidewalk.
C. Violations.
1. Violation of subsection A shall constitute an infraction. No citation shall be issued pursuant to subsection A unless the licensee has posted signs in accordance with subsection B.
2. Violations of subsection B shall constitute a misdemeanor.
D. The provisions of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises. (Ord. 1612 § 1 (part), 2001)
9.08.050 Loitering on posted premises.
Every person who remains on the premises of a licensee when a sign prohibiting loitering has been posted on such premises pursuant to Business and Professions Code section 25612.5 shall be guilty of a misdemeanor. (Ord. 1612 § 1 (part), 2001)
9.08.060 Posting beverage prices.
A. Every person or legal entity who owns, operates, or manages a business establishment which offers to the public alcoholic beverages, as defined in Section 23004 of the Business and Professions Code of the state, for sale and consumption on the premises shall either post a sign(s) which lists the price of each beverage so that it is easily read by the consumer from anywhere in the premises where alcoholic beverages are served, or provide a menu to the consumer prior to each sale, listing all beverage prices.
B. Every sign posted pursuant to this section shall include the terms “Drink Prices” and list all brand names and the price of each beverage with minimum letter dimensions of one inch in height and no less than three-eighths inches in width. Such signs shall consist of black print on a white background. If all “well drinks” are the same price, separate brand names need not be listed. The same holds true for beer, wine and “call drinks.” If prices vary due to brand name, hour of the day (i.e., “Happy Hour” early evening prices vs. late evening prices and so forth) the sign or menu must reflect that change.
C. Every person or legal entity who owns, operates, or manages a business establishment defined in subsection A of this section, shall either post a sign of all cover, service, and/or miscellaneous charges so that it is easily read by the consumer from anywhere in the premises where the service or amenity is provided or provide a price list to the consumer setting forth such charges prior to providing any service or amenity for which there is a fee or charge. Every sign posted pursuant to this subsection shall include the terms “Service Charges” and list the type of service provided with minimum letter and number dimensions of one inch in height and no less than three-eighths inch in width. Such signs shall consist of black print on a white background. (Ord. 1612 § 1 (part), 2001; prior code § 4-6.12)
9.08.070 Posting alcoholic beverage warning signs.
A. Every person or legal entity who owns, operates, or manages a business establishment which offers to the public alcoholic beverages, as defined in Section 23004 of the Business and Professions Code of the state, for sale or dispensing for consideration, shall clearly and conspicuously post on the premises a sign or notice reading substantially as follows:
PREGNANCY AND ALCOHOL DO NOT MIX. DRINKING ALCOHOLIC BEVERAGES, INCLUDING BEER AND WINE, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.
B. Every sign posted pursuant to this section shall have minimum letter dimensions of one inch in height and no less than three-eighths inch in width. Such signs shall consist of black print on a white background.
C. The sign or notice required by this section shall be placed as follows:
1. Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily intended for consumption off the premises, at least one sign shall be placed to assure that it is readable from all locations at which the sale or dispensing occur.
2. Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily provided through over-the-counter service, at least one sign shall be placed to assure that it is readable from all counter locations available to the public.
3. Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily provided for consumption on the premises by the public at tables served by food or beverage service persons, at least one sign shall be placed to assure that it is readable by persons entering the premises; provided however, that notices may be placed or displayed at each of the tables in a manner which will assure that the notices are as readily visible and readable as materials provided to the public which list food and beverage prices. (Ord. 1612 § 1 (part), 2001; prior code § 4-6.13)