Chapter 9.24
CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES
Sections:
9.24.020 Drinking and possession – Public areas.
9.24.030 Drinking and possession – Private parking lots.
9.24.040 Possession – Posted premises.
9.24.010 Definitions.
Certain words and phrases are defined in this section to clarify their use in this chapter. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.
A. “Alcoholic beverage” means and includes 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 human consumption either alone or when diluted, mixed or combined with other substances.
B. “Licensee” means and includes any person holding any retail package off-sale alcoholic beverage license issued pursuant to Division 9 of the California Business and Professions Code.
C. “Person” means and includes any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number.
D. “Posted premises” means and includes any premises subject to licensure, the parking lot immediately adjacent thereto, and any public sidewalk immediately adjacent thereto, on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk that the provisions of HMC 9.24.040 apply. Posted premises shall not include, and the provisions of HMC 9.24.040 shall not apply to, any private residential parking lot which is immediately adjacent to any such premises.
E. “Premises subject to licensure” means and includes any premises subject to licensure under any retail package off-sale alcoholic beverage license issued pursuant to Division 9 of the California Business and Professions Code. (Ord. 86-01 § 1, 1986)
9.24.020 Drinking and possession – Public areas.
It is unlawful for any person to drink any alcoholic beverage or to possess any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, on any public sidewalk, alley, street or highway, or in any city-owned park or other city-owned public place, unless the consumption of alcoholic beverages in such public place or places has been authorized by the city council or, in the case of city-owned parks, in accordance with HMC 12.24.150(C)(12). This section shall not be deemed to make punishable any such act or acts which are prohibited by the California Vehicle Code or by any other law of the state. (Ord. 21-03 § 1, 2021; Ord. 86-01 § 1, 1986)
9.24.030 Drinking and possession – Private parking lots.
It is unlawful for any person to drink any alcoholic beverage or to possess any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, upon that portion of private property open to the public and within 500 feet of any public sidewalk, alley, street or highway which is used or intended to be used for the parking or storage of motor vehicles by customers or employees of any business, commercial or industrial establishment, without the express written permission of the owner, his or her agent, or person in lawful possession thereof. This section shall not be deemed to make punishable any such act or acts which are prohibited by the California Vehicle Code or by any other law of the state. (Ord. 86-01 § 1, 1986)
9.24.040 Possession – Posted premises.
It is unlawful for any 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, to enter, be or remain on the posted premises of any licensee in the city. This section shall not be deemed to make punishable any such act or acts which are prohibited by the California Vehicle Code or by any other law of the state. (Ord. 86-01 § 1, 1986)
9.24.050 Posting.
All licensees doing business within the city shall post the premises subject to licensure, the parking lot immediately adjacent thereto, and any public sidewalk immediately adjacent thereto with notices, in a form acceptable to the chief of police, indicating to the patrons of the licensee and parking lot, and to persons on the public sidewalk that the provisions of HMC 9.24.040 apply. Posting shall not be required of any private residential parking lot which is immediately adjacent to the premises subject to licensure. (Ord. 86-01 § 1, 1986)