Chapter 9.60
ALCOHOLIC BEVERAGES IN PUBLIC PLACES
Sections:
9.60.010 Alcoholic beverages prohibited.
9.60.010 Alcoholic beverages prohibited.
Except as provided in Section 9.60.020, it is unlawful for any person to consume, drink, ingest, exhibit, display or possess an open container of any alcoholic or intoxicating beverage in any public place or in any publicly owned or operated off-street parking facility in the City. In addition, except as provided in Section 9.60.020, it is unlawful for any person to consume, drink, ingest, exhibit, display, possess or sell any alcoholic or intoxicating beverage within any park, recreation facility, open space, or multi-use trail owned or operated by the City. (Ord. 1781, Amended, 6/26/2007; Ord. 1510 §1, 1994: Ord. 1336 §1(part), 1988: Ord. 1108 §1(part), 1981).
9.60.020 Exemption.
The provisions of Section 9.60.010 shall not apply to the consumption, drinking, exhibition or possession of an alcoholic or intoxicating beverage in a public park, place, street, plaza, or recreation area under one or more of the following conditions:
A. Where the sale of alcoholic or intoxicating beverages has been approved or licensed for the public park, place, street, plaza, or recreation area by the State of California Department of Alcoholic Beverage Control;
B. Where a written permit to possess alcoholic or intoxicating beverages in a specific public park, place, street, plaza, or recreation area has been obtained from the City not less than one business day before using such park, place, street, plaza, or recreation area;
C. The use or activity in the public park, place, street, plaza, or recreation area is sponsored or authorized by the City. (Ord. 1781, Amended, 6/26/2007; Ord. 1108 §1 (part), 1981).
9.60.030 Definitions.
A. “Open container” includes, but is not limited to, any bottle, can, thermal jar or jug, vessel or other receptacle which is open, has been opened, or which has a seal broken, or the contents of which have been partially removed.
B. “Licensed” is defined pursuant to the State of California Business and Professions Code Section 23044.
C. “Off-street parking facility” means the following off-street facilities or lots held open for use by the public for the parking of motor vehicles:
1. All publicly-owned off-street parking facilities;
2. All privately-owned off-street parking facilities held open for use by retail customers where no fee is charged for the privilege to park; and
3. All privately-owned multifamily residential parking facilities open to public view from a public right-of-way.
D. “Public place” means any public street, sidewalk, way, alley, parking lot, park or recreation area. (Ord. 1510 §§2, 3, 1994; Ord. 1336 §1(part), 1988; Ord. 1108 §1(part), 1981).
9.60.040 Severability.
If any provision or clause of Chapter 9.60 or application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of this chapter which can be given effect without the invalid provision of application, and to this end the provisions of this Chapter 9.60 are declared severable. (Ord. 1108 §1(part), 1981).
9.60.050 Penalty.
Any person violating Section 9.60.010 of this chapter of the Vacaville Municipal Code shall be guilty of an infraction. (Ord. 1769, Amended, 9/12/2006; 1108 §1(part) 1981).