Calabasas Municipal Code Ch. 9.18 Alcoholic Beverages

Every person who consumes any beer, wine or other alcoholic beverage on any public street, sidewalk, alley, highway or parking lot open to the public is guilty of a misdemeanor. This section shall not be deemed to proscribe any act which is positively permitted or prohibited by any law of the state of California.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

As used in this chapter, "alcoholic beverages" includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half (½) of one (1) percent or more of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

A. No 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, 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 Business and Profession Code, or on any public sidewalk immediately adjacent to the licensed and posted premises.

B. As used in subsection A of this section, "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of subsection A of this section are applicable.

C. Pursuant to subsection B of this section, off-sale liquor store establishments are required to post a sign on the premises advising patrons of subsection A of this section. The sign shall be in a conspicuous place and readily observable. It should be eighteen (18) inches by twenty-four (24) inches in size and read as follows: "It is an infraction for any person who possesses any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal broken, or the contents of which have been partially removed, to enter, be, or remain on the premises of, including the parking lot of such liquor store establishment or the public sidewalk immediately adjacent to it."

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

The provisions of this section shall not apply to a private, residential parking lot which is immediately adjacent to the posted premises.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

Any person who violates any provision of subsection A of Section 9.18.100 is guilty of an infraction, punishable by a fine as set forth in CMC Section 1.16.020B.

For a violation of subsection A of Section 9.18.100 to occur, the posting of a sign in accordance with the provisions of subsection B of Section 9.18.100 is required.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)