El Monte Municipal Code Ch. 9.12 Alcoholic Beverages

A. It is unlawful for any person to consume any alcoholic beverage or to have in his or her 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, upon any public street, alleyway, sidewalk or parkway, or in any public park, buildings, lavatories, parking lot, auto park or lobby or entrance way to any building within the city.

B. Exception. The prohibition set forth under subsection A of this section shall not apply to consumption or possession of alcoholic beverages within the enclosed, interior confines of a city-owned, public building by the authorized members, patrons, attendees or agents of any association, organization, club or group, whether public or private, that has been duly authorized by the city to serve alcohol within the public building as part of a city-authorized event. Such authorized consumption or possession of alcohol shall be subject to any rules, restrictions, requirements and/or prohibitions set forth in (1) the city's facilities use policy, as referenced in Section 12.48.040 of the El Monte Municipal Code; (2) any permit, licenses or other like authorizations granted by the city or the California Department of Alcohol Beverage Control; and (3) the laws of the state of California and any other applicable provision of the El Monte Municipal Code. The consumption and/or possession of alcoholic beverages by any person in violation of such rules, restrictions, requirements and/or prohibitions shall constitute a violation of subsection A of this section.

C. It shall be the responsibility of each association, organization, club or group serving alcoholic beverages to obtain the necessary permits from both the city and the California Department of Alcohol Beverage Control.

D. The provisions of subsection A of this section and Section 9.12.030 shall not apply to any location or premises where the consumption and possession of alcoholic beverages is authorized pursuant to a valid license or permit issued by the California Department of Alcoholic Beverage Control.

(Ord. 2719 § 7, 2008; Ord. 2688 § 1, 2007; prior code §§ 4240—4240.3)

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 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 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.

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 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. All off-sale liquor establishments in the city shall post their premises in accordance with the provisions of this section. Establishments licensed to do business on the effective date of the ordinance codified in this chapter shall post their premises at the time of their business license renewal. New off-sale liquor establishments starting business after the effective date of the ordinance codified in this section shall post their premises immediately upon opening for business.

(Prior code § 4244)

Except as provided in subsections 9.12.010(B) and (D), no person shall have in his or her 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, while such person is in or upon any public street, sidewalk, public park, public hall, or other public place, or other place open to the public, or upon any premises whereat a public dance is being conducted or upon any automobile parking lot or other property used in conjunction with any premises whereat a public dance is being conducted, whether such person is or is not in or upon any automobile, street, or interurban car, vehicle or conveyance.

(Prior code § 4244.1)

A. The prohibitions set forth under this chapter shall not apply to the sale, distribution, consumption or possession of alcoholic beverages on any city-owned real property which has been leased or licensed by the city for the exclusive use and possession of any lessee or licensee. The sale, distribution, consumption and possession of alcoholic beverages upon such properties shall be subject to the terms of the lease or license agreement under which the property has been leased or licensed; and in accordance with city zoning laws and any governing or superseding state laws or laws of the county of Los Angeles.

B. Nothing in this section shall relieve or otherwise release any lessee, licensee or lawful occupant of any real property described in subsection A of this section from: (1) complying with any applicable state laws relating to the sale, distribution, consumption or possession of alcoholic beverages; (2) obtaining any approvals required by any other public agency with jurisdiction over such matters, including, but not limited to, any approvals required by the California Department of Alcohol Beverage Control; or (3) obtaining any other standard permits or approvals required elsewhere under the El Monte Municipal Code.

C. "City zoning laws" include, but are not necessarily limited to, those laws set forth under Title 16 (Subdivisions) and Title 17 (Zoning) of the El Monte Municipal Code. "State laws" means the laws of the state of California, including all statutes, regulations and administrative orders issued by any department or subdivision of the state of California.

(Ord. 2698 § 2, 2007)