Chapter 9.15
ALCOHOLIC BEVERAGES
Sections:
9.15.030 Signage prohibiting the possession and consumption of alcoholic beverages.
9.15.040 Permit authorizing possession or consumption of alcoholic beverages.
9.15.050 Possession of any open container of alcohol on off-sale premises.
9.15.060 Enforcement of chapter.
9.15.070 Penalty of violation.
9.15.010 Definitions.
(1) “Alcoholic beverage” means alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume.
(2) “Open container” means a bottle, can, jug, box or other receptacle that contains an alcoholic beverage and has been opened, a seal broken, or the contents partially removed.
(3) “Primary or secondary school” includes a school that offers primary instruction to kindergarten through twelfth grade, or any fraction thereof.
(4) “Special event” includes, but is not limited to, the following types of activities: a neighborhood block party, barbecue, picnic, fundraiser, community event or any other type of similar social event involving 15 persons or more. [Ord. 267 § 1, 2010.]
9.15.020 Consumption of alcoholic beverages and possession of any open container of alcoholic beverages in public is unlawful.
(1) It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of beer, wine, or any alcoholic beverage, or intoxicating liquor on any street, sidewalk, alley, highway, off-street public parking lot or structure; or within 600 feet of any primary or secondary school campus property lines at any time; or in other areas commonly held open to the public use, except:
(a) Public streets or sidewalks on which the City has granted an encroachment permit for a sidewalk cafe, beer garden or equivalent use that includes on-site alcohol sales.
(b) Work details of Rio Dell Fire District Volunteer Firefighters on Fire District property.
(c) Events inside of the Rio Dell Fire District Fire Hall.
(d) Rio Dell Fire District Park property (outside) after 5:00 p.m. on weekdays and between the hours of 8:00 a.m. and 10:00 p.m. on weekends and official state or federal holidays, unless the park is being used for an organized youth activity such as a school event, sporting event, Easter egg hunt, etc.
(e) City Hall property, 675 Wildwood Avenue, with City permission.
(f) Special events for which the City has granted a street use or other permit that allows persons of legal age attending the event to consume alcoholic beverages in areas where such consumption/possession is otherwise prohibited by this section.
(2) It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of beer, wine, or any alcoholic beverage, or intoxicating liquor in any private parking lot that is located on property containing two or more residential dwelling units if such parking lot is posted with a sign prohibiting the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage. [Ord. 267 § 2, 2010.]
9.15.030 Signage prohibiting the possession and consumption of alcoholic beverages.
(1) The Public Works Department shall post appropriate signs advising the public that the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within a park and its adjacent sidewalks and streets is not permitted. At least one sign shall be posted to face each street of each park. Such signs shall be posted in a conspicuous manner.
(2) The Public Works Department shall post signs at or near the main entrances of each primary or secondary school campus, and/or within, but not exceeding, the 600-foot perimeter around each campus. The signs shall be clearly and conspicuously posted and shall state when the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage is not permitted.
(3) The owner of property containing two or more dwelling units on the same parcel may prohibit the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within any parking lot on such property by posting a sign in plain view at or near each driveway to the parking lot that sets forth such prohibition substantially in the following form:
Possession of an open container of an alcoholic beverage or consumption of an alcoholic beverage is prohibited in this parking lot. Rio Dell City Ordinance 267-2010.
Such sign shall be no smaller than 17 inches by 22 inches in size, shall contain lettering at least one inch in height, and shall be mounted so that the lower edge of the sign is at least four feet, and the top edge does not exceed seven feet above ground level. The property owner shall have sole responsibility for the construction and maintenance of such sign. [Ord. 267 § 3, 2010.]
9.15.040 Permit authorizing possession or consumption of alcoholic beverages.
Any person, group or organization who desires to consume or possess an alcoholic beverage during a special event may apply for an open container permit. The open container permit application shall be submitted to the Rio Dell Police Department in conjunction with an encroachment, street use or similar permit, or shall be submitted as a separate open container permit if no other permit is required. The cost of such permit per event shall be initially set at $25.00 for groups of up to 25 persons and $75.00 per event for groups of 26 persons or more. These user fees are intended to reimburse the City for the actual expense of processing an open container permit and may be amended from time to time as the Council sees fit. Permits not issued in conjunction with an encroachment, street use or similar permit shall be subject to the following:
(1) If the special event involves 14 or fewer people, an open container permit shall be submitted to the Police Department within three business days of the date on which the special event is anticipated to occur.
(2) If the special event potentially involves 15 or more people, an open container permit shall be submitted to the Police Department within five business days of the date on which the special event is anticipated to occur. During the review of the special permit, notice of the application shall be provided by the applicant to all residents who reside within 200 feet of the proposed special event. [Ord. 267 § 4, 2010.]
9.15.050 Possession of any open container of alcohol on off-sale premises.
It shall be unlawful for any person who has in his or her possession an open container of beer, wine, or any alcoholic beverage or intoxicating liquor to enter, be, or remain on the premises of (including the parking lot and public sidewalk immediately adjacent thereto) any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the state Business and Professions Code, if those premises contain a clearly visible notice(s) prohibiting such possession. [Ord. 267 § 5, 2010.]
9.15.060 Enforcement of chapter.
The Rio Dell Police Department shall have the authority and responsibility to enforce this chapter. [Ord. 267 § 6, 2010.]
9.15.070 Penalty of violation.
A violation of this chapter shall constitute an infraction. A judge or magistrate may apply any remedy that is in accordance with state law to punish a person who has violated this chapter. [Ord. 267 § 7, 2010.]