Eastvale Municipal Code Ch. 8.04 Offenses Against Public Peace and Decency

(a) Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game not mentioned or included in Penal Code § 330, played with cards, dice or any other device of whatsoever nature, for money, check, credit, merchandise, or other representative of value, and every person who plays or bets at or against any of these prohibited games, is guilty of a misdemeanor, and shall be punished by a fine of not less than $200.00, nor more than $700.00, or by imprisonment in the county jail not exceeding seven months, or by both such fine and imprisonment.

(b) Every person who, knowingly, permits any of the games mentioned in subsection (a) of this section to be played, conducted or dealt in any house owned or rented by such person, in whole or in part, is punishable as provided in subsection (a) of this section.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) It is unlawful for any 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, to 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. As used in 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 and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lots and the persons on the public sidewalk, that the provisions of this section are applicable. The provisions of this section do not apply to a private residential parking lot which is immediately adjacent to the posted premises.

(b) All retail package off-sale alcoholic beverage licensees licensed pursuant to division 9 (commencing with section 23000) of the Business and Professions Code shall install and maintain signs on the licensed premises, clearly visible to the patrons of the licensee and to persons in or on any parking lot or public sidewalk immediately adjacent to the licensed premises, which notify all such persons that the provisions of subsection (a) of this section are applicable.

(c) Any person, licensee, firm or corporation violating any provision of this section shall be guilty of an infraction.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Similar provision, Business and Professions Code § 25612.5.

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Immediate vicinity means within 1,000 feet of the external walls of the buildings or parking lots where alcoholic beverages are being sold or served or within 1,000 feet of seating areas where such beverages are being sold or served in outside patio areas.

Posted parking lot or sidewalk means any parking lot or sidewalk in the immediate vicinity of the licensed premises, provided that at all such locations clearly visible notices indicate to persons on sidewalks and parking lots in the immediate vicinity that the provisions of this section are applicable.

(b) It is unlawful for any person who has in his possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or seal broken, or the contents of which have been partially removed, to enter upon, or to remain upon any posted parking lot and/or sidewalk in the immediate vicinity of any on-sale retail alcoholic beverage licensee including but not limited to a bar, beer garden, or nightclub licensed pursuant to division 9 (commencing with section 23000) of the Business and Professions Code.

(c) All on-sale retail alcoholic beverage licensees licensed pursuant to division 9 (commencing with section 23000) of the Business and Professions Code shall install and maintain signs on their licensed premises, clearly visible to the patrons of the license and to persons in or on any parking lot or sidewalk in the immediate vicinity of the licensed premises, which shall notify all such patrons and persons that the provisions of this section are applicable.

(d) All premises licensed for the sale of alcoholic liquid shall post a notice at each exit stating "no beer, liquor or wine may be carried in an open container out of this building."

(e) Any person, licensee, firm or corporation violating any provision of this section shall be guilty of an infraction or misdemeanor, as charged in the discretion of the prosecuting authority.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Legislative authorization. This section is adopted pursuant to Penal Code §§ 318.5 and 318.6. All words used in this section which also are used in Penal Code §§ 318.5 and 318.6, are used in the same sense and mean the same as the same respective words used in Penal Code §§ 318.5 and 318.6.

(b) Exposure by waiters, waitresses and entertainers. No person shall, while acting as a waiter, waitress or entertainer in an establishment which services alcoholic beverages for consumption on the premises of such establishment, expose:

(1) Their genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region;

(2) Any device, costume or covering, which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

(3) Any portion of the female breast at or below the areola thereof.

A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.

(c) Counseling or assisting. No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in subsection (b) of this section.

(d) Exemption of theatrical establishments. The provisions of this section shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances.

(e) Violation; penalty. A violation of this section is a misdemeanor punishable by a fine of not more than $500.00, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Quimby-Walsh Act, Penal Code § 318.5; municipal power to enact ordinance prohibiting any live acts, demonstrations, or exhibitions occurring within business establishment involving exposure of the genitals or buttocks of any participant or the breasts of any female participant, Penal Code § 318.6.