Chapter 8.10
POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES
Sections:
8.10.010 Possession of open containers of alcoholic beverages prohibited on or near premises where liquor is sold.
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 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, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating this section shall be guilty of a misdemeanor and shall be punished as provided in Chapter 1.08 PMC.
B. As used in subsection A of this section, “posted premises” means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, posted at the front entrance, on which a clearly visible notice indicates to the patrons of the licensee that the provisions of subsection A of this section are applicable.
C. The provisions of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises.
D. All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business and Professions Code to operate in the City shall post such licensed premises as provided in subsection B of this section. Such notices shall include language that states that possession of any opened alcoholic beverage container is prohibited by law. Any licensee who does not so post the licensed premises is guilty of a misdemeanor.
E. In the event that any portion of this chapter is declared by a court of competent jurisdiction to be invalid, such portion shall be severable from all other portions of this chapter. Those portions not declared invalid shall remain in full force and effect. (Ord. 196 § 1, 1986)