Chapter 3 — INTOXICATING LIQUORS

Sections:

• 5-3.01 Definitions.
• 5-3.02 Alcoholic beverages prohibited.
• 5-3.03 Exceptions.
• 5-3.04 Validity.
• 5-3.05 Penalty. 5-3.01 Definitions. (a) "Alcoholic beverage" is herein defined to include alcohol, spirits, liquor, wine, beer, and every fluid or solid containing one-half of one percent or more of alcohol by volume and which is used for beverage purposes either alone or when diluted, mixed or combined with other substances. (b) "Open container" is any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which has been partially removed. 5-3.02 Alcoholic beverages prohibited. Except as provided in Section 5-3.03, it shall be unlawful for any person to consume, drink, exhibit, or possess an open container of any alcoholic or intoxicating beverage on any public street, sidewalk, way, alley, or in any public parking lot, public park or public recreation area in the City of Avenal. 5-3.03 Exceptions. The provisions of Section 5-3.02 shall not apply in one or more of the following conditions: (a) Section 5-3.02 shall not be deemed to make punishable an act or acts which are prohibited by any statute of the State of California. (b) A written permit to possess alcoholic intoxicating beverages in a specific public park, or recreation area or other designated area shall be obtained from the City of Avenal at least twenty-four (24) hours before using the park, recreation area or other designated area. Only the permit holder or individual obtaining alcoholic beverages from the permit holder shall be exempt. (Ord. 89-11 § 1, 1989) 5-3.04 Validity. If any section, subsection, sentence, clause or purpose of this chapter is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 10 5-3.05 Penalty. Any person violating Section 5-3.02 of this chapter shall be guilty of an infraction, and if convicted of such infraction, shall be punishable by a fine not to exceed fifty dollars ($50.00) for the first violation; (2) a fine not to exceed one hundred dollars ($100.00) for the second violation within one year; and a fine not to exceed two hundred and fifty dollars ($250.00) for each additional violation within one year.