Chico Municipal Code Ch. 9.30 Possession and Consumption of Alcoholic Beverages

This chapter is adopted pursuant to the municipal affairs provisions of Section 201 of the City Charter for the purpose of regulating the possession and consumption of alcoholic beverages upon certain public and private properties.

(Ord. 1728 (part))

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

A. Alcoholic Beverage. The term “alcoholic beverage” means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, 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.

B. Consumption of Alcoholic Beverages. The phrase “consumption of alcoholic beverages” and/or the phrase “consume an alcoholic beverage” means the drinking or other ingestion of an alcoholic beverage.

C. Open Container of Alcoholic Beverages. The phrase “open container of alcoholic beverages” means a bottle, can, or other receptacle which contains alcoholic beverages and has been opened, or a seal broken, or the contents partially removed.

D. Parking Lot. The term “parking lot” means any area on public or private property designated for parking of vehicles including, but not limited to, the parking spaces, landscape areas, planter strips, sidewalks, curbs, and gutters within or adjacent to such parking lot.

(Ord. 1728 (part), Ord. 2299)

A. Except as otherwise provided in Section 9.30.040 of this code, it shall be unlawful for any person to possess an open alcoholic beverage container upon any of the following properties within the city:

1. Upon any public street, sidewalk, alley, parking lot, or other property which is owned by or leased to the city and open to members of the general public;

2. Upon any private parking lot, which is located on property used for commercial purposes;

3. Upon any private parking lot which is located on property containing two or more residential dwelling units where such parking lot is posted with a sign prohibiting the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage in a manner hereinafter provided for by this chapter;

4. On the premises of, or parking lot abutting, any off-sale alcoholic beverage licensee, if the licensee's premises contain a clearly visible notice prohibiting such possession; or

5. All city properties designated as city parks and playgrounds pursuant to Section 12.04.010 of this code.

B. Except as otherwise provided in Section 9.30.040 of this code, it shall be unlawful for any person to consume an alcoholic beverage upon any of the following properties within the city:

1. Upon any public street, sidewalk, alley, parking lot, or other property which is owned by or leased to the city and open to members of the general public;

2. Upon any private parking lot that is located on property used for commercial purposes;

3. Upon any private parking lot that is located on property containing two or more residential dwelling units where such parking lot is posted with a sign prohibiting the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage in a manner hereinafter provided for by this chapter;

4. On the premises of, or parking lot abutting, any off-sale alcoholic beverage licensee, if the licensee's premises contain a clearly visible notice prohibiting such possession; or

5. All city properties designated as city parks and playgrounds pursuant to Section 12.04.010 of this code.

(Ord. 1728 (part), Ord. 1877 §1, Ord. 1887, Ord. 1911 §1, Ord. 2056; Ord. 2209, Ord. 2268, Ord. 2409 §2, Ord. 2479 §11)

A. Notwithstanding Sections 9.08.030(A) and (B) of this code, it shall not be unlawful to consume or possess open containers of alcoholic beverages under the following circumstances:

1. Any city park or playground in which the possession and consumption of alcoholic beverages is regulated by the park rules adopted in Title 12R of this code;

2. Any portion of the Chico Municipal Airport in which the possession and consumption of alcoholic beverages is regulated by the airport rules and regulations adopted in Title 11R of this code;

3. Any city property, which is leased to a third party in which the lease agreement does not prohibit the possession and consumption of alcoholic beverages;

4. Any portion of a public street, sidewalk, alley, parking lot or other property owned by or leased to the city in which the sale of alcoholic beverages is permitted as part of a franchise granted by the council pursuant to Chapter 14.60 of this code;

5. Any portion of the public right-of-way utilized as an outdoor café pursuant to a license granted under Chapter 14.70;

6. Possession of empty alcoholic beverage containers for the purpose of recycling;

7. Upon any private parking lot which is located on property used for commercial purposes, when the owner or other person entitled to the possession of the parking lot has given prior consent to the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within such private parking lot; or

8. During and within special events if prior written approval is obtained from the city manager or designee or if the city pursuant to Section 12R.08.050 of this code has granted a permit that, during the event, authorizes persons attending the event to possess and consume open containers of alcoholic beverages in areas where such consumption and possession is otherwise prohibited by this code.

9. Any public street, sidewalk, alley, or public right-of-way within a designated Entertainment Zone established pursuant to Chapter 5.45 of this Code, during the approved days and hours of operation of the applicable Entertainment Zone and subject to the conditions set forth therein.

(Ord. 2479 §§10, 12, Ord. 2623 §2)

Every person engaged in the retail sale of alcoholic beverages from a liquor store, food market, or other premises located in the city pursuant to a retail package off-sale license issued by the State Department of Alcoholic Beverages in accordance with the provisions of Division 9 of the California Business and Professions Code (commencing with Section 23000) shall cause signs to be posted within such premises advising those persons patronizing the premises of the prohibitions on the consumption and possession of alcoholic beverages provided by this chapter. Such signs shall be prepared by the city and made available to the operator of such premises at the office of the city administrative services director for a fee equal to the cost of producing the sign, as established by resolution of the city council. Such signs shall be posted within such premises in a conspicuous place at or near each public exit from the premises, and, where there is an exterior window at or near a public entrance to the premises, at a place within the window which will permit the sign to be easily viewed by persons entering the premises.

(Ord. 1728 (part), Ord 1877 §3, Ord. 2113 §1, Ord. 2439 §72)

Notwithstanding Section 9.30.030, the owner of property containing two or more dwelling units may prohibit the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within any parking lot on such property by posting a sign in plain view at or near each driveway and pedestrian entrance to the parking lot which sets forth such prohibition substantially in the following form:

“Possession of an open container of an alcoholic beverage or consumption of an alcoholic beverage is prohibited in this parking lot. Violations are punishable by a fine in the amount set forth by resolution of the city council pursuant to Section 1.15.050 of this Code. The administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for violations of this chapter are established pursuant to Chapter 1.15 of this Code.”

Such sign shall be not less than seventeen (17) inches by twenty-two (22) inches in size, shall contain lettering at least one (1) inch in height, and shall be mounted so that the lower edge of the sign is at least four (4) feet, and the top edge does not exceed seven (7) feet, above ground level.

(Ord. 1877 §4, Ord. 1911 §2, Ord. 2209, Ord. 2479 §13)

A. Any person who violates Section 9.30.030(A) of this code shall be deemed guilty of an infraction and shall be punished by a fine in the amount set forth by resolution of the city council pursuant to Section 1.15.050 of this code. The administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for violations of this chapter are established pursuant to Chapter 1.15 of this code.

B. Any person who violates Section 9.30.030(B) of this code shall be deemed guilty of a misdemeanor or an infraction and may be enforced by the filing of a criminal action by the city attorney or the issuance of an administrative citation in accordance with the provisions of Chapter 1.15 of this code.

(Ord. 2479 §§10, 14)