Chapter 9.48 — PUBLIC CONSUMPTION AND POSSESSION OF OPEN ALCOHOLIC BEVERAGES

No person shall consume an alcoholic beverage, or have in his 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, upon any street, alley, sidewalk, public or private parking lot, in or immediately adjacent to a public restroom, any public park, or other public place within the city except:

(1)

In or on the property of an establishment, business place, or other location properly licensed for the consumption of alcoholic beverages under the Alcoholic Beverage Control Act of the state; or

(2)

When permitted in writing by the city manager or designee for any special event held pursuant to chapter 9.45 and under such terms and conditions and restrictions as the city manager or designee may impose.

(Code 1969, § 9.48.010; Ord. No. 669, § 1, 1991; Ord. No. 683, § 1, 1991; Ord. No. 844, § 3, 2008)

State Law reference— Possession of open receptacle containing any alcoholic beverage in city owned park prohibited, Business and Professions Code § 25620.

(a)

No person who has in his 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, shall enter, be or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee, licensed pursuant to Division 9 (commencing with section 23000) of the California Business and Professions Code.

(b)

As used in subsection (a) of this section, the term "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license and the parking lot immediately adjacent to the licensed premises.

(c)

Every retail establishment licensed pursuant to Division 9 (commencing with section 23000) of the California Business and Professions Code shall post its premises with clearly visible notices, in a form and manner approved by the city, indicating to the patrons of the licensee and the parking lot that the provisions of this section are applicable.

(Code 1969, § 9.48.020; Ord. No. 669, § 2, 1991)