Coachella Municipal Code Ch. 9.04 Alcohol Related Offenses

A. Purpose. The purpose of this section 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.

B. Alcoholic Beverage. Alcoholic beverage means to 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.

C. Consumption.

1. It is 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.

2. It is 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.

3. The provisions set forth in this subsection 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.

D. Retail Package Off-Sale Premises and Adjacent Parking Lots and Public Sidewalks.

1. 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 Riverside County Sheriffs Department."

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

2. 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 any premises posted pursuant to this subsection.

E. Illegal Provision of Alcohol. 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.

F. Infraction Violation. A violation of subsection (C)(1) or (2), and subsection (D)(1) or (2) of this section by the person responsible for committing such violation shall constitute an infraction violation.

G. Civil Fines. Any person convicted of an infraction under this section shall, for each violation of this section, be subject to: (a) a civil fine in an amount not to exceed two hundred fifty dollars ($250.00) for a first conviction of an offense; (b) a civil fine in an amount not to exceed five hundred dollars ($500.00) for a second conviction of the same offense within a twelve (12) month period of the date of the first offense; and (c) a civil fine in an amount not to exceed seven hundred fifty dollars ($750.00) for the third conviction of the same offense within a twelve (12) month period of the date of the first offense. The civil fine for a fourth and subsequent conviction of the same offense within a twelve (12) month period of the date of the first offense shall be one thousand dollars ($1,000.00).

H. Criminal Fines. Any person convicted of an infraction under this section shall, for each separate violation of this section, be subject to: (a) a criminal fine in an amount not to exceed one hundred dollars ($100.00) for a first conviction of an offense; (b) a criminal fine in an amount not to exceed two hundred fifty dollars ($250.00) for a second conviction of the same offense within a twelve (12) month period of the date of the first offense; and (c) a criminal fine in an amount not to exceed five hundred dollars ($500.00) for the third and any subsequent conviction of the same offense within a twelve (12) month period of the date of the first offense.

I. Misdemeanor Violation. A fourth violation and subsequent violations of subsection (C)(1) or (2) of this section within a twelve (12) month period shall be deemed a misdemeanor violation subject to the fines and imprisonment provisions set forth in section 1.08.010 of this code.

(Ord. 892 § 13, 2003; prior code § 14-11)