Diamond Bar Municipal Code Div. 3 Alcoholic Beverages

Footnotes:

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Cross reference— Entertainment generally, ch. 5.44; growth centers, ch. 5.60; intoxication control roadblocks, § 10.12.1310 et seq.

As used in this division, the term "alcoholic beverages" 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.

(Ord. No. 14(1989), § 2(13.18.020), 6-27-89)

Cross reference— Definitions generally, § 1.00.070.

Every person who consumes any beer, wine or other intoxicating beverage on any public street, sidewalk, alley, highway or parking lot open to the public is guilty of a misdemeanor. This section shall not be deemed to proscribe any act which is positively permitted or prohibited by any law of the state.

(Ord. No. 14(1989), § 2(13.18.010), 6-27-89)

Every person who enters, goes onto or remains on the premises of any public school in the city, or any stadium or athletic field while being used by any public school for any athletic contest, while such person is consuming alcoholic beverages, is guilty of a misdemeanor.

(Ord. No. 14(1989), § 2(13.18.070), 6-27-89)

(a) No person who has in his 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 Business and Profession Code § 23000 et seq., or on any public sidewalk immediately adjacent to the licensed and posted premises.

(b) As used in subsection (a) of this section, the term "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 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) Pursuant to subsection (b) of this section, off-sale liquor store establishments are required to post a sign on the premises advising patrons of the requirements of subsection (a) of this section. The sign shall be in a conspicuous place and readily observable. It should be 18 inches by 24 inches in size and read 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 such liquor store establishment or the public sidewalk immediately adjacent to it."

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

(e) Any person who violates any provision of subsection (a) of this section is guilty of an infraction and is punishable as provided in section 1.04.020. For a violation of subsection (a) of this section to occur, the posting of a sign in accordance with the provisions of subsection (b) of this section is required.

(Ord. No. 14(1989), § 2(13.18.100—13.18.120), 6-27-89)