Chapter 7.08
CONSUMPTION OF ALCOHOL
Sections:
7.08.020 Prohibited consumption or possession.
7.08.010 Posted premises.
“Posted premises” means any premises which are subject to licensure under a retail package off-sale alcoholic beverage license, and any parking lot immediately adjacent to the licensed premises, provided that the posting provisions of this chapter have been satisfied. (Ord. 47 § 1, 1987; 1987 Code § 6.24.010)
7.08.020 Prohibited consumption or possession.
A. It is unlawful for any person to consume any alcoholic beverage as defined in California Business and Professions Code Section 23004, on any posted premises.
B. It is unlawful for any person in possession of any bottle, can or other receptacle containing any alcohol beverage which has been opened, or the seal broken, or the contents of which have been partially removed, to enter upon, be, or remain on any posted premises.
C. It is unlawful for the owner of any retail package off-sale alcoholic beverage licensee, licensed pursuant to subdivision 9 (commencing with Section 23000) of the California Business and Professions Code, to fail to post signs upon the licensed premises and in any parking lot immediately adjacent to the premises, clearly visible to persons within the premises and in any parking lot immediately adjacent to the premises, which notify persons that it is unlawful for any 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, to enter upon, be, or remain on the premises or any adjacent parking lot.
D. The provisions of this section do not apply to a private residential parking lot which is immediately adjacent to a posted premises. (Ord. 47 § 1, 1987; 1987 Code § 6.24.020)
7.08.030 Consumption of alcoholic beverages prohibited on public streets and areas and on private areas open to the public in certain zones.
A. No person shall consume any alcoholic beverage as defined in California Business and Professions Code Section 23004 on any public street, sidewalk, parking lot, alley or other publicly owned and maintained place within the city. This section shall not apply on any public streets, sidewalks, parking lots, alleys or other publicly owned and maintained place within the city during such time that the area is being used to conduct a street fair, parade or special event and the consumption occurs within an area where the sale, distribution and consumption of alcoholic beverages has been specifically authorized by the city manager.
B. No person shall consume any alcoholic beverage as defined in California Business and Professions Code Section 23004 on any private property open to public view, or on any private parking lot open to the public within any commercial or industrial zone of the city without the express permission of the owner or person in lawful possession of the property, or the agent of the owner or person in lawful possession. For the purposes of this section, it shall be presumed that the owner, person in possession or agent of the owner or person in possession has not given express permission to any person consuming an alcoholic beverage on the premises if there is a clearly visible sign posted on the premises substantially stating that consumption of alcoholic beverages is prohibited. This is a presumption affecting the burden of proof.
C. The provisions of this section shall not apply to parks, beaches and areas where the possession or consumption of alcoholic beverages is regulated by Article I of Chapter 11.12 SBMC. (Ord. 186 § 1, 1994; Ord. 78 § 1, 1989; 1987 Code § 6.24.030)