Chapter 11.04
ALCOHOLIC BEVERAGES1
Sections:
11.04.010 Alcoholic beverage defined.
11.04.020 Consumption in public place.
11.04.030 Possession on sand beaches.
11.04.040 Persons under 21 – Prohibitions.
11.04.005 Purpose.
The purposes of this chapter are:
(a) To protect public health, safety, and general welfare of the city;
(b) To reduce consumption or possession of alcoholic beverages by persons under the age of 21 years;
(c) To address municipal problems unique to the city;
(d) To impose restrictions and penalties related to underage drinking beyond those mandated by state law, and beyond those imposed by the California Alcohol Beverage Commission;
(e) To facilitate enforcement of laws prohibiting service to, consumption of, or possession of alcoholic beverages by persons under the age of 21 years; and
(f) To offset the city’s costs associated with providing fire, police, and other services to gatherings where alcohol is served to, consumed by, or in the possession of persons under the age of 21 years. [Ord. 11-011 § 2, 2011].
11.04.010 Alcoholic beverage defined.
“Alcoholic beverage” means 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. 99-09 § 1, 1999; Ord. 623 N.S., 1968].
11.04.020 Consumption in public place.
It is unlawful and an infraction for any person to drink or consume any alcoholic beverage in or on any public park, street, alley, public property, public parking area, public wharf, public dock, public waterfront or marine life refuge, or any beach within the city; provided, that the provisions of this section shall not apply to consumption of alcoholic beverages within the confines of any enclosed building or tent where express permission for the consumption of alcoholic beverages has been granted by the city council, nor shall the provisions of this section apply to outdoor seating adjacent to eating establishments where express permission has been granted by the city manager pursuant to PGMC 15.16.045. This provision may be enforced pursuant to Chapter 1.16 PGMC. [Ord. 13-003 § 9, 2013; Ord. 08-006 § 28, 2008; Ord. 99-09 § 1, 1999; Ord. 833 N.S. § 6, 1975; Ord. 623 N.S., 1968].
11.04.030 Possession on sand beaches.
It is unlawful for any person to have in his or her possession any alcoholic beverage on any sand beach within the city. [Ord. 99-09 § 1, 1999; Ord. 833 N.S. § 6, 1975; Ord. 623 N.S., 1968].
11.04.040 Persons under 21 – Prohibitions.
(a) No person under the age of 21 years shall have in his or her possession or consume any alcoholic beverage at any place not open to the public, except for wine used for sacramental or other religious purposes during authorized religious services.
(b) No person shall suffer, permit, allow or host a social gathering at his or her place of residence where one or more persons under the age of 21 years are present and alcoholic beverages are in the possession of, or being consumed by any person under the age of 21 years, except for wine used for sacramental or other religious purposes during authorized religious services.
(c) Any person violating this section is guilty of a misdemeanor, and may be prosecuted pursuant to Chapter 1.16 PGMC, and also concurrently be subject to administrative civil citation enforcement pursuant to Chapter 1.19 PGMC. [Ord. 11-011 § 3, 2011; Ord. 09-005 § 16, 2009; Ord. 08-006 § 29, 2008; Ord. 99-09 § 1, 1999].
11.04.050 Cost recovery.
For the purposes of cost recovery under PGMC 1.16.012, the city shall be entitled to recover from any person found to be in violation of any provision of this chapter the city’s full response costs. In the event the person who violates this chapter is a minor, then the minor and his or her parents or guardians shall be jointly and severally liable for any cost recovery.
(a) For purposes of this chapter, the term “response costs” shall mean those reasonable and necessary costs directly or indirectly incurred by the city for a response to any gathering, party, event or other circumstance where alcohol has been served to, consumed by, or possessed by persons under the age of 21 years.
(b) “Response costs” shall include the cost of providing police, fire, and/or other emergency response services to the scene of such gathering, party, event or other circumstance to include, but not limited to, (1) salaries and benefits of law enforcement and/or emergency personnel for the full amount of time spent responding to, remaining at, or otherwise dealing with such gatherings, parties, events or circumstances, and the administrative costs attributable to such responses; (2) costs of any medical treatment to or for any law enforcement personnel injured while responding to, remaining at, or leaving the scene of such gathering, party, event or other circumstance; and (3) costs to repair any city equipment or property damaged and the cost of the use of any such equipment used in responding to, remaining at, or leaving the scene of such gathering, party, event or other circumstance.
(c) The city’s response costs shall be deemed a debt owed to the city and may be recovered by the city in a civil action, including but not limited to an administrative enforcement proceeding under Chapter 1.19 PGMC. The city may also recover its attorney’s fees and costs incurred in the action if the city brings a civil action and prevails.
(d) The city shall impose a lien under the process set forth in PGMC 1.19.260 to collect any unpaid response costs assessed in accord with this chapter. [Ord. 11-011 § 4, 2011].
11.04.060 Preemption.
This chapter shall not be interpreted in any manner that conflicts with the laws or the Constitutions of the United States or of the state of California. [Ord. 11-011 § 5, 2011].
Prior ordinance history: Ord. 210 N.S. § 8-3110.5