Desert Hot Springs Municipal Code Art. II Alcohol Related Offenses

A. No person shall drink, use, consume or have in his or her possession any alcoholic beverage as defined in California Business and Professions Code Section 23004 and related sections within any public park within the City, provided, however, that the City Manager may, upon application, allow the use, consumption and possession of alcoholic beverages within a City park after application therefor upon forms provided by the City Manager.

B. Appropriate signs shall be posted to facilitate the implementation and enforcement of this section.

(Prior code § 131.10)

A. No person who has in his or her possession 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, 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 California Business and Professions Code Division 9 (commencing with Section 23000), or on any public sidewalk immediately adjacent to the licensed and posted premises.

B. As used in subsection A of this section, “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 A of this section are applicable.

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

D. Any person violating any provision of this section shall be guilty of an infraction.

(Prior code § 131.11)

A. No person shall drink, use or consume any alcoholic beverage as defined in California Business and Profession Code Section 23004 (and related sections), upon any public street, sidewalk, highway, road, lane or alley, or in or upon any other publicly owned property which is open to the use or the business of the public at the time, but which place is not licensed for the consumption of such beverage on the premises. The provisions of this chapter shall not apply, however, to the park and recreation areas regulated under Section 9.08.020 of this article.

B. No person shall, in or upon any places listed in subsection A of this section, have in his or her possession any alcoholic beverage defined as in subsection A of this section, contained in any bottle, can or other receptacle, which has been opened, or a seal broken or the contents of which have been partially removed; provided, that this article shall not apply when the beverage is in possession at the time strictly for the purpose of transporting the same, along with other items, briefly and temporarily and directly through a place listed in subsection A of this section, the starting point and destination point both being places other than those listed in subsection A of this section. Further, this subsection shall not apply to the park and recreation areas regulated under Section 9.08.020 of this article.

C. No person shall do or commit any act prohibited in subsection A or B of this section when such person is upon privately owned property rather than publicly owned property, which privately owned property is open to use or patronage of the general public at the time, unless such person doing or committing such act has the express or implied permission or invitation so to do from the owner or lessee or other person in charge of the private property or business premises involved.

D. Subsections A and B of this section shall not apply to consumption or possession of alcoholic beverages on City-owned property pursuant to any permit, entitlement or other permission issued or given by the City Manager or City Council in connection with the holding of a special event on or at the place or premises where such consumption or possession would otherwise be prohibited, nor shall such subsections apply with respect to public property owned and controlled by a public entity other than the City if such other public entity has given its express or implied permission or invitation allowing use of the premises for purposes otherwise prohibited in subsection A or B of this section.

(Prior code § 131.12)