Chapter 9.93
CONSUMPTION OF ALCOHOLIC BEVERAGES AND POSSESSION OF OPEN CONTAINERS
Sections:
9.93.010 Consumption of alcohol – Public places.
9.93.020 Open containers – Public places.
9.93.030 Open containers – Alcohol sales establishments.
9.93.050 Violations an infraction.
9.93.010 Consumption of alcohol – Public places.
A. In addition to the prohibitions set forth in RCMC 9.36.057.5, or any successor section, it is unlawful for any person to consume beer, wine, or any intoxicating liquor in any city-owned public place. “Public place” shall include city parks and lands and facilities owned by any recreational and park district, or any regional park or open space district, and posted to prohibit the consumption of alcohol pursuant to RCMC 9.36.057.5 or any successor section.
B. “Public place” also includes, but is not limited to, lands, buildings, streets, sidewalks, alleys, highways, or public courts. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1206 § 1, 2002].
9.93.020 Open containers – Public places.
A. In addition to the prohibitions set forth in RCMC 9.36.057.5, or any successor section, it is unlawful for any person 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, in any city-owned public place. “Public place” shall include city parks and lands and facilities owned by any recreational and park district, or any regional park or open space district, and posted to prohibit the consumption of alcohol pursuant to RCMC 9.36.057.5 or any successor section.
B. “Public place” also includes, but is not limited to, lands, buildings, streets, sidewalks, alleys, highways, or public courts. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1206 § 1, 2002].
9.93.030 Open containers – Alcohol sales establishments.
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 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.
B. “Posted premises” means an area in which there is a clearly visible notice to the patrons of the licensee, parking lot and premises as follows:
Unlawful to enter, be or remain on these premises, adjacent parking lot or adjacent public sidewalk with an open alcoholic beverage container. CPC 647e(a); RCMC 9.93.030.
[Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1206 § 1, 2002].
9.93.040 Exceptions.
This section shall not apply where the consumption or possession is within premises for which a license has been issued pursuant to provisions of the California Business and Professions Code or a permit, license, agreement or similar entitlement has been obtained from the appropriate permitting authority for a private or public function within a public place. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1206 § 1, 2002].
9.93.050 Violations an infraction.
Notwithstanding any other provision of this code to the contrary, violation of the provisions of this chapter shall constitute and be punishable as an infraction. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1206 § 1, 2002].