Daly City Municipal Code Ch. 9.18 Possession of Opened Container of Alcoholic Beverage

A. It is unlawful for any person to have in his or her possession on his or her person, on any public street or parking area, sidewalk, tot lot, public park, playground, gymnasium or recreational area, 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.

B. Any person who commits any act declared by any provision of subsection (A) of this section to be unlawful, or who violates the provisions or fails to comply with the mandatory requirements of such subsection, shall be punishable as for an infraction. Every violation is punishable by:

1. A fine not exceeding fifty dollars for a first violation;

2. A fine not exceeding one hundred dollars for a second violation of the same subsection within one year;

3. A fine not exceeding two hundred fifty dollars for each additional violation of the same subsection within one year.

C. This section shall not apply to public buildings upon any parklands, playgrounds, gymnasiums, recreational areas or tot lots where the use of alcoholic beverages in the public building, parklands, playgrounds, gymnasiums, recreational area or tot lot has been approved by the recreation commission of the city.

(Ord. 1016 § 1, 1984: Ord. 942 § 1, 1981: Ord. 909 §§ 1, 2, 1980: prior code §§ 19-35, 19-36)