Commerce Municipal Code Ch. 9.08 Intoxication

Footnotes:

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3. For construction of liquor stores, taverns, cabarets and the like, see Section 19.08.060.

No person shall drink any malt, spirituous or vinous liquor containing more than one-half percent of alcohol by volume, upon any public street, alleyway, sidewalk or parkway, park, recreation area, or in any public buildings, public recreation area, or in any public buildings, public lavatories, auto park, parking lot open to the public, or lobby or entrance way to any building within the city. No person shall possess any malt, spirituous or vinous liquor containing more than one-half percent of alcohol by volume, in any public buildings, public lavatories, public parks, or public recreation areas in the city. The provisions of this section are subject to the provisions of Section 9.06.060. A violation of this section is an infraction, and upon a conviction thereof shall be punishable pursuant to the provisions of Section 1.12.011.

(Ord. 303 §6, 1981; Ord. 287 §2, 1980; Ord. 187 §1, 1972: Ord. 59 §1, 1962: prior code §4400).

(a) As used in this section, "alcoholic beverage" means and includes 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.

(b) 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 Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises.

(c) As used in subsection (b), "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 and any public sidewalk 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 (b) are applicable.

(d) Pursuant to subsection (c), off-sale liquor store establishments shall post a sign on the premises advising patrons of subsection (b). The sign shall be in a conspicuous place and readily observable. It shall be at least eighteen inches by twenty-four inches in size and read substantially 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 a liquor store establishment or the public sidewalk immediately adjacent to it."

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

(f) Any person who violates any provision of this section is guilty of an infraction and is punishable pursuant to the provisions of Section 1.12.011.

(g) For a violation of this section to occur, the posting of a sign in accordance with the provisions of subsection (d) is required.

(Ord. 361 §1, 1984).

It is unlawful for any intoxicated person, or any person in an intoxicated condition, wilfully to appear, remain or be in or on any public highway, street, alley, way, park, playground or public place in the incorporated territory of the city, whether the person is or is not in or upon any automobile, street or interurban car, vehicle or conveyance. A violation of this section is an infraction, and upon a conviction thereof shall be punishable pursuant to the provisions of Section 1.12.011.

(Ord. 303 §7, 1981; prior code §4401).

No person shall serve "set ups" between two a.m. and six a.m., if they are to be used with distilled spirits.

(Prior code §4403).

No person shall consume any alcoholic beverages on the grounds of any public school or any stadium or athletic field while being used by a public school.

(Prior code §4404).

No person shall enter or remain in a vehicle while any other occupant is consuming any alcoholic beverages while such vehicle is on a public street, alleyway, or public highway.

(Prior code §4405).

No person shall lie and sleep on any of the sidewalks, streets, or other public places within the city, or appear therein in such a state of intoxication or drunkenness as to be unable to take proper care of himself, or disturb the peace or quiet of any person, family or neighborhood, by drunkenness or by making loud and unusual noises, or by violent or offensive language, or by boisterous, tumultuous or offensive conduct, or by the threatening, traducing, quarreling, fighting or offering or challenging to fight, or in any other way or manner whatever shall disturb the peace, quiet and decency of any person, street or neighborhood.

(Prior code §4406).

Every person who goes upon or remains upon any part of a public highway, while he is consuming any alcoholic beverages is guilty of a misdemeanor.

(Prior code §4407).

Every person who enters or remains in any vehicle while such vehicle is on any part of any public highway when such person or any other occupant of such vehicle is consuming any alcoholic beverage is guilty of a misdemeanor.

(Prior code §4408).