Hawaiian Gardens Municipal Code Ch. 9.24 Alcoholic Beverages

A. Definitions.

1. For purposes of this section, the term "alcoholic beverage(s)" shall mean as it is defined by Business and Professions Code Section 23004, as amended.

2. For purposes of this section, the term "public places" shall include any street, sidewalk, parkway, alley, highway, parking lot open to the public, public park, public school, public playground, public facility or building, or any other public place.

B. General prohibition on consumption and service. It shall be unlawful to consume or serve (including sale or offer to sell) any alcoholic beverage upon, on, at or in any public places, which is not licensed, permitted, and authorized by law for the consumption or service of alcoholic beverages.

C. General prohibition on possession of open container. It shall be unlawful to possess 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 in any public places, which is not licensed, permitted, and authorized by law. This subsection shall not apply to individuals engaged in recycling or other related activity as defined in California Business and Professions Code Section 25620.

D. Regulations establishing a permit process or other approval process regulating possession, service, and consumption of alcoholic beverages in public places may be adopted by resolution of the City Council and authority for permit issuance or approvals may be delegated to a particular department of the City.

E. Violation of any provision of this section and any regulations adopted pursuant to this section is subject to enforcement pursuant to the provisions of Chapter 1.12 and 1.13 of this Municipal Code.

(Ord. No. 2024-616, § 3, 2-28-2024)

Editor's note— Ord. No. 2024-616, § 3, adopted February 28, 2024, repealed the former § 9.24.010, and enacted a new § 9.24.010 as set out herein. The former § 9.24.010 pertained to possession or consumption in public places and derived from Ord. 296 § 1, adopted 1985; Prior Code § 4300.

No person shall serve set ups between 2:00 a.m. and 6:00 a.m. if they are to be used with distilled spirits.

(Prior Code § 4303)

No person shall consume any alcoholic beverage on the grounds of any public school or any stadium or athletic field while being used by a public school.

(Prior Code § 4304)

Every person who goes upon or remains upon any part of a public highway, while he/she is consuming any alcoholic beverage is guilty of a misdemeanor.

(Prior Code § 4307)

Every person who enters or remains in any vehicle while such vehicle is on any part of any public highway when such person is consuming any alcoholic beverage is guilty of a misdemeanor.

(Ord. 156 § 4, 1974; Prior Code § 4308)