Chapter 9.90 — CONSUMPTION AND POSSESSION OF ALCOHOLIC

A. “Alcoholic Beverage” means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.

B. “Public Place” means any public street, right-of-way, alley, park and such other public area(s) as the City Council may, from time- to-time, designate by resolution; any publicly used exterior grounds of a service station or public parking lot; or any City owned building or ground. The City Council shall have the right to make exceptions in designated places for specific events.

Every person who consumes an alcoholic beverage on any public street, alley, highway or other public place is guilty of a misdemeanor. This Section shall not be deemed to prescribe any act which is positively permitted, prohibited or preempted by any law of the State of California.

A. The provisions of this Chapter shall not be construed to prohibit persons from engaging in organized activities permitted by the City, nor to prohibit the City from conducting such activities.

B. Pursuant to written approval of the City Manager and his/her appointed representative, alcoholic beverages may be sold and served in City facilities by persons or groups renting or using said facilities with the permission of the City for a specific occasion, subject to the following conditions:

1. Written application for each such occasion shall be made and submitted to the City in a form approved by the City Manager.

2. Each applicant must comply with all applicable rules and regulations of the California Department of Alcoholic Beverage Control

(ABC) for each occasion.

3. Each open air event where alcoholic beverages are to be allowed must be reviewed and approved by the Chief of Police.

4. Each applicant shall furnish such information as may reasonably be required by the City Manager, in relation to the proposed

occasion or event.

5. Each applicant will be required to obtain a one (1) day Liquor Liability Insurance Policy with combined single limits of one million

dollars ($1,000,000.00) for bodily injury and property damage, for each occasion, naming the City as additional named insured, provided, however, that the City Manager may increase or decrease the required amount of coverage as warranted by individual circumstances. The Certificate of Insurance must be on file with the City Manager no later than seventy-two (72) hours before the start of each event or occasion.

C. The terms of this Chapter shall not apply to Mavericks Stadium, which is operated under separate rules, regulations and ABC permits.

A. No person having in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened and/or has had its seal broken and/or the contents have been partially removed, shall enter, be or remain on the premises, adjacent parking area, or any retail package off-sale alcoholic beverage licensee licensed pursuant to California Business & Professions Code Sections 23000 et seq., or any public sidewalk or right-of-way immediately adjacent to the licensed and posted premises.

B. The provisions of this Section shall only apply to locations where the signs are posted pursuant to Section9.90.030.A.

A. Every person owning or operating a retail package off-sale alcoholic beverage establishment within the City, license pursuant to California Business & Professions Code Sections 23000 et seq., shall post and maintain in good repair, in a conspicuous place at each entrance to the licensed premises and to the parking lot immediately adjacent thereto, a sign that gives notice substantially as follows:

“Possession of Open Container(s) or Consumption of Alcoholic Beverages on These Premises and the Adjacent Public Sidewalk and Right-of-Way is Prohibited. AMC Chapter 9.90”

B. The provisions of this Section shall not apply to the premises of adjacent parking area(s) of any retail package off-sale alcoholic beverage licensee, in which event the provisions of Section 9.90.025 shall apply.

[Ord. No. 351, 10/27/98.]

Chapter 9.95

[REPEALED]