Cathedral City Municipal Code Ch. 11.09 Alcoholic Beverages

The purpose of this chapter is to protect the health, safety and welfare of the city's residents and visitors and to protect property values from declining due to nuisance related activities associated with alcoholic beverages.

(Ord. 528 § 4, 2000)

Alcoholic beverage shall mean and include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one 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. 528 § 4, 2000)

A. It shall be unlawful for any person to drink, use or consume any alcoholic beverage upon any public street, sidewalk, highway, road, lane or alley, or in or upon any park or recreation area, or upon any other publicly owned property which is not licensed for the consumption of such alcoholic beverage on the premises by the Department of Alcoholic Beverage Control of the State of California.

B. It shall be unlawful for any person to drink, use or consume any alcoholic beverage upon privately-owned property, which is open to the use or patronage of the general public at the time, unless the person doing or committing the act has the express or implied permission or invitation to do so from the owner or lessee or other person in charge of the private property or business premises involved.

C. The provisions set forth in this section are intended to protect all persons, including, but not limited to, adults, teenagers, adolescents, supervised minors and unsupervised minors from causing or suffering from injuries that are proximately caused by acts committed while drinking, using or consuming alcoholic beverages.

(Ord. 528 § 4, 2000)

A. All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 (commencing with Section 23000) of the California Business and Professions Code shall post on their respective licensed premises, any parking lot (other than a privately owned residential parking lot) located immediately adjacent to such licensed premises, and any public sidewalk situated immediately adjacent to such licensed premises and any posted parking lot signs that contain the following message:

It is unlawful for any person who has in his or her possession any bottle, can or other receptacle containing an alcoholic beverage which has been opened, or has its seal broken, or has its contents partially removed, to enter, be, or remain on these premises. All violations will be reported to the Cathedral City Police Department.

All such signs shall be clearly visible to patrons and members of the public using the subject public sidewalk.

B. It shall be unlawful for any person who has in his or her possession any bottle, can or other receptacle containing an alcoholic beverage which has been opened, or has its seal broken, or has its contents partially removed, to enter, be, or remain on any premises posted pursuant to this section.

(Ord. 528 § 4, 2000)

As set forth in Penal Code Section 11200, every building or place used for the purpose of unlawfully selling, serving or giving away any spirituous, vinous, malt or other alcoholic liquor, and every building or place in or upon which such liquors are unlawfully sold, served or given away, shall be declared a nuisance which permits the city attorney to maintain an action to abate and prevent the nuisance pursuant to Penal Code Section 11200 et seq.

(Ord. 528 § 4, 2000)

A violation of Sections 11.09.015(A) or (B), and 11.09.025(A) or (B) of this chapter by the person responsible for committing such violation shall constitute an infraction violation which shall be subject to the provisions set forth in Chapter 13.65 of this code, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 528 § 4, 2000)

Any person convicted of an infraction shall, for each separate violation of this chapter, and in addition to any infraction penalty imposed pursuant to Chapter 13.65, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent conviction of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.

(Ord. 528 § 4, 2000)

The city may issue an administrative citation, pursuant to Chapter 13.58 of this code, to any person responsible for committing a violation of Sections 11.09.015(A) or (B), and 11.09.025(A) of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

(Ord. 528 § 4, 2000)

Nothing in this chapter shall preclude the city from pursuing all appropriate remedies identified in Chapter 13.140 of this code, to any person responsible for committing a violation of Section 11.09.015(A) or (B), and 11.09.025(A) of this chapter.

(Ord. 528 § 4, 2000)