Chapter 6-28
PUBLIC DRINKING
Sections:
6-28.010 Consumption of alcoholic beverages in public—Prohibited.
6-28.020 Consumption of alcoholic beverages on homeowners association’s property—May be prohibited.
6-28.010 Consumption of alcoholic beverages in public—Prohibited.
The drinking of any intoxicating liquor or any fermented malt beverage, unless specifically permitted by the prior written approval of the city, is prohibited:
A. On any street, roadway, boulevard, alley, parking lot, sidewalk, public way, or public place in the city;
B. In the public parking, loading, and access areas of any commercial shopping center;
C. On any grounds owned by or under the control of a public school district or public park district within the city, or within a distance of three hundred (300) feet from any exterior boundary of such grounds, except on private residential property or within a properly licensed commercial establishment;
D. Within any public park, public place, recreation and park district, regional park, open-space district, recreation facility, or recreational area owned and/or operated by the city, county, or any public agency. This section does not apply where the possession is within premises located in a park or other public place for which a license has been issued pursuant to Business and Professions Code Section 23000 et seq. (Division 9); and
E. It is unlawful and subject to punishment in accordance with Chapter 1-32 for any person to violate any provision of this section.
(Ord. 2015-4 § 2; Ord. 2003-10 § 5 (part))
6-28.020 Consumption of alcoholic beverages on homeowners association’s property—May be prohibited.
A. No person shall drink any intoxicating liquor, or any fermented malt beverage, unless specifically permitted by the prior written approval of the homeowners association, upon parks, trails, open spaces, greenbelt areas, common walkways, common driveways, or streets owned or controlled by a homeowners association where:
1. The homeowners association has requested in writing that the city extend its drinking prohibition in Section 6-28.010 to either the homeowners association’s entire property or any specified portion of the homeowners association’s property; and
2. The homeowners association has posted on the affected property a notice in substantially the following form:
“Drinking of liquors, beers, or other fermented beverages on this [specific type] property is prohibited and subject to criminal prosecution and a fine.”
B. It is unlawful and subject to punishment in accordance with Chapter 1-32 for any person to violate any provision of this section.
(Ord. 2015-4 § 3; Ord. 2003-10 § 5 (part))
6-28.030 Posting of premises and parking lot adjacent to retail package off-sale alcoholic beverage licensee.
A. All retail package off-sale alcoholic beverage licensees licensed pursuant to Business and Professions Code Section 23000 et seq. (Division 9) shall post on the premises, including an adjacent parking lot, a notice in substantially the following form:
“Possession of unsealed or open containers of ALCOHOLIC BEVERAGES in this parking area or any public street or sidewalk is prohibited, and is subject to criminal prosecution and a fine.”
B. Posting of such notice must be clearly visible to the patrons of the licensee and parking lot and to persons on the public sidewalk. The posting consists of a wall sign which does not exceed two square feet in size and contains substantially the language set forth above.
C. The provisions of this section do not apply to a private residential parking lot which is immediately adjacent to the posted premises.
(Ord. 2003-10 § 5 (part))
6-28.040 Possession of open container of alcoholic beverage on posted premises of retail package off-sale alcoholic beverage licensee.
A. 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 posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Business and Professions Code Section 23000 et seq. (Division 9), or on any public sidewalk immediately adjacent to the licensed and posted premises.
B. It is unlawful and subject to punishment in accordance with Chapter 1-32 for any person to violate any provision of this section.
C. The provisions of this section do not apply to a private residential parking lot which is immediately adjacent to the posted premises.
(Ord. 2015-4 § 4; Ord. 2003-10 § 5 (part))