Gilroy Municipal Code § 18.6 Intoxicating liquor

(a) No person shall consume intoxicating liquor, as defined in section 16.28, or have in his or her possession or control an open container of any intoxicating liquor, in any city park, as defined in section 18.1.

(b) Notwithstanding the above, beer and wine may be consumed at the Oaks and Lakeside picnic areas in Las Animas Park and at the East and West Mulberry, Walnut, and Sycamore picnic areas in Christmas Hill Park with a valid City of Gilroy reservation, reserving one (1) of these areas, and only upon the following conditions:

(1) Beer and wine may only be consumed in the above defined areas between the hours of 4:00 p.m. and 8:00 p.m. Monday through Friday, and 12:00 noon through 8:00 p.m. Saturday, Sunday and holidays.

(2) Beer and wine must be under the control and supervision of a responsible adult.

(3) Adequate precautions must be in place to prevent consumption of the beer and wine by minors.

(4) Adequate provision must be made for the cleanup of any debris or refuse associated with the service or consumption of the beer and/or wine.

(5) The consumption of beer and/or wine must not unreasonably interfere with other park users.

(c) The community services director may modify or waive the requirements of this section as applied to Christmas Hill Park or Las Animas Park by the issuance of a special events or facility use permit. The community services director may grant or deny a permit application in the interest of the public health and welfare in his/her discretion. Any permit issued pursuant to this section may impose reasonable conditions including, but not limited to, insurance, security, licenses, fees, and any other conditions addressing areas of concern identified by the community services director, fire chief, or police chief.

(d) Any person who has been denied a permit by the community services director may appeal forthwith to the city administrator or his/her designee, whose decision shall be final.

(e) The city reserves the right to place other restrictions on the possession and consumption of intoxicating liquor in accordance with state law, or in order to mitigate a public safety concern.

(f) Violation of this section shall be a misdemeanor.

(Ord. No. 1008, § 1, 2-19-1974; Ord. No. 80-2, § 1, 1-7-1980; Ord. No. 80-34, § 1, 12-15-1980; Ord. No. 81-31, § 1, 10-26-1981; Ord. No. 94-3, § I, 3-21-1994; Ord. No. 97-2, § 1, 1-6-1997; Ord. No. 2006-24, § I, 11-20-2006; Ord. No. 2018-05, § 2, 2-5-2018)

No person shall possess any glass beverage container in any city park, except in established picnic areas, or except where the sponsor of an organized public event has obtained prior written permission from the director to possess glass beverage containers within the boundaries of the event. As used in this section, “established picnic area” means any permanent picnic area improved with tables and identified with appropriate signs. Notwithstanding section 18.1, as used in this section “city park” applies only to parks, reservations, playgrounds, and swimming pools owned or used by the city.

(Ord. No. 92-7, § 1, 7-6-1992)