Colton Municipal Code Ch. 9.20 Alcoholic Beverages

As Used in this chapter, "Alcoholic Beverage" includes 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.

(Ord. 0-18-01 § 1 (part), 2001)

It Shall be unlawful for any Person to drink an Alcoholic Beverage while upon any Street, Alley, way, Sidewalk, Parkway, playground, or Park within the City, or within any Building owned by or leased to the City, whether such Person is or is not in or upon any automobile or other Vehicle or conveyance.

(Ord. 0-18-01 § 1 (part), 2001)

It Shall be unlawful for any Person to possess any can, bottle, or other receptacle containing an Alcoholic Beverage, as defined in Section 9.20.010, that has been opened, or had its seal broken, or the contents of which have been partially removed, in any City Park or other City-owned Property or other Public Place, including, but not limited to, City-owned or City-leased Buildings, Parking Lots, Streets, Alleys, ways, Sidewalks, Parkways and playgrounds.

(Ord. 0-18-01 § 1 (part), 2001)

It Shall be unlawful for any Person possessing any can, bottle, or other receptacle containing an Alcoholic Beverage, as defined in Section 9.20.010, that has been opened, or had its seal broken, or the contents of which have been partially removed, to enter 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 & Professions Code. All licensees Shall comply with the Following requirements:

A. All retail package off-sale Alcoholic Beverage licensees licensed pursuant to Division 9 (commencing with Section 23000) of the Business & Professions Code to operate in the City Shall post the licensed Premises with permanent Signs not less than seventeen inches wide by twenty-two inches high, with letters not less than one inch in height, which Signs Shall be Approved by the City and which Signs Shall include the Following language:

"No Person in possession of any bottle, can or other receptacle containing any Alcoholic Beverage which has been opened, or 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, this Business. California Penal Code 647e and Colton Municipal Code 9.20.040"

B. Required Signs Shall be posted such that they are visible to (i) patrons of the licensee; (ii) patrons using the Parking Lot immediately adjacent to the licensed Premises; and (iii) Persons on any public Sidewalk immediately adjacent to the licensed Premises.

C. For purposes of this subsection "Posted Premises" Shall mean those Premises which are subject to licensure under any retail off-sale Alcoholic Beverage license, the Parking Lot immediately adjacent to the licensed Premises, and any public Sidewalk immediately adjacent to the licensed Premises which are posted with Notices pursuant to this section. "Parking Lot Immediately Adjacent to the Licensed Premises" Shall mean any Parking Lot which is contiguous to the licensed Premises and is utilized by patrons of the licensed Premises, except a private residential Parking Lot immediately adjacent to the posted Premises.

(Ord. 0-18-01 § 1 (part), 2001)

Sections 9.20.020 and 9.20.030 Shall not apply to any Designated area or location within the City for a temporary period of up to seven Days, which Designated area or location has been Approved by Resolution of the City Council upon the concurrence of the Chief of Police and necessary Approval of any State or Federal authorities having jurisdiction therefore. Sections 9.20.020 and 9.20.030 Shall not apply to any Designated area or location within the City for a temporary period of up to seven Days, which Designated area or location has been Approved by the City Manager, upon the concurrence of the Chief of Police, after determining that public convenience would be served and that the public health, safety and welfare would not be affected and necessary Approval of any State or Federal authorities having jurisdiction therefore. Such Designation Shall be reported to the City Council at their next regularly scheduled City Council meeting.

(Ord. 0-18-01 § 1 (part), 2001)

This chapter Shall not apply when an individual is in possession of an Alcoholic Beverage container for the purpose of recycling or other related activity. Nor Shall this section be deemed to make punishable any Act or Acts which are prohibited by any Law of the State of California.

(Ord. 0-18-01 § 1 (part), 2001)

Any Person in Violation of this chapter Shall be guilty of an infraction. Alcoholic Beverage licensees in Violation of Section 9.20.040 Shall also be guilty of an infraction.

(Ord. 0-18-01 § 1 (part), 2001)