4-3 OPEN ALCOHOLIC BEVERAGES.

The purpose of this section is to regulate the possession of an open container of alcoholic beverage at certain premises in the Town.

This section is adopted under the authority of Penal Code Section 647e.

(Ord. #31-84, 7-501)

As used in this section:

Open container shall mean a bottle, can or other receptacle which has been opened, or a seal broken or the contents partially removed.

Premises from which alcoholic beverages are sold for off-site consumption shall mean the premises of a retail package offsale alcoholic beverage licensee licensed under the Alcoholic Beverage Control Act (Business and Professions Code

Division 9, Section 23000 et seq.)

(Ord. #31-84, 7-502)

No person possessing an open container of any alcoholic beverage may enter, be or remain on premises from which alcoholic beverages are sold for off-site consumption or on the sidewalk or parking lot adjacent to it.

This subsection applies only if notice is posted at the premises as provided in subsection 4-3.4.

(Ord. #31-84, 7-503)

The operator of premises from which alcoholic beverages are sold for off-site consumption shall post clearly visible notices indicating to customers and to other persons using the adjacent parking lot and sidewalk that possessing an open container of alcoholic beverages is prohibited.

Each notice shall read substantially as follows:

“Possession of open container of alcoholic beverage is prohibited. Municipal Code subsection 4-3.3.”[1]

The operator shall obtain the approval of the Danville Police Department regarding the size, form, location and number of notices.

(Ord. #31-84, 7-504)

1. Editor’s Note: When references on posted signs refer to Section 7-503 of the Municipal Code, this reference shall automatically refer to subsection 4-3.3 of the 1990 Code.

This section does not apply to a private residential parking lot which is immediately adjacent to the premises from which alcoholic beverages are sold.

(Ord. #31-84, 7-505)

a. A person who violates this section is guilty of an infraction.

b. Notwithstanding subsection 4-3.6a., a person who violates this section a second time within one (1) year after a prior conviction under this section is guilty of a misdemeanor.

• (Ord. #31-84, 7-506; Ord. #91, 7-506)

Nothing in this section shall affect the Town’s right to regulate the possession of an opened alcoholic beverage in a public place or in a place open to the public.

Ord. #31-84, 2)