Chapter 5.90
ALCOHOLIC BEVERAGES
Sections:
5.90.020 Alcoholic beverages – Drinking or possession prohibited in certain locations.
5.90.010 Definition.
“Alcoholic beverage” 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 beverage purposes either alone or when diluted, mixed, or combined with other substances. (Ord. 482, § 1; 1976 Code § 5-18.01).
5.90.020 Alcoholic beverages – Drinking or possession prohibited in certain locations.
No person shall drink or have in his or her possession an open container of any alcoholic beverage:
A. On any public street, sidewalk, or other public way or parking lot owned by and located in the city; or
B. Within fifty feet of any public way while on private property open to public view without the express permission of the owner, his agent, or the person in lawful possession thereof; or
C. On the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code of California, or on any public sidewalk immediately adjacent to the licensed and posted premises. Visible notices shall be posted on the premises of each retail package off-sale alcoholic beverage licensee and on the parking lot and the public sidewalk immediately adjacent to the licensed premises indicating that the provisions of this subsection are applicable.
D. On any public park, parkway, playground, recreation center, or recreation area or any parking lot adjacent to any of the foregoing recreation facilities owned, leased or under the control of the city except with the written permission of the director of parks and recreation or any employee so designated by the director, which is given in conjunction with an approved use of any of the foregoing recreation facilities. (Ord. 482, § 1, Amended by Ord. 618, § 1; 1976 Code § 5-18.02).
5.90.030 Exception.
Notwithstanding the provisions of MMC 5.90.020(A), the city council may grant a permit to an organization or group to use any public street, sidewalk or other public way or parking lot owned by the city in conjunction with a special event, festival, program or promotional gathering. The city council may grant such a permit subject to the permittee named therein:
A. Conforming to specified hours of operation on a specified date or dates;
B. Agreeing to retain special police protection;
C. Agreeing to maintain in effect liability insurance in an amount acceptable to the city and the coverage of which is extended to include the city;
D. Agreeing to such other conditions as the city council deems necessary to protect the health and safety of the community; and
E. Producing prior to issuance of such permit evidence indicating its license to sell alcoholic beverages awarded by the state of California. (Ord. 482, § 1; 1976 Code § 5-18.03).
5.90.040 Penalties.
A. Any person, firm or corporation violating any of the provisions of this chapter is guilty of an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punishable for a first conviction by a fine of not more than fifty dollars, for a second conviction within a period of one year a fine of not more than one hundred dollars, and for a third conviction within a period of one year a fine of not more than two hundred fifty dollars.
B. Any person, firm or corporation convicted of a fourth or any subsequent violation of this chapter within any twelve-month period shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed five hundred dollars or by imprisonment in the county jail for not to exceed six months, or both fine and imprisonment.
C. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. (Ord. 482, § 2; 1976 Code § 5-18.04).