La Mirada Municipal Code Ch. 9.12 Possession and Consumption of Alcoholic Beverages

Except as hereinafter provided, it is unlawful for any person to consume any alcoholic beverage, as that term is defined in California Business and Professions Code Section 23004, or any successor provision thereto, on any public street, public sidewalk, or public alley, or within or on any public parking lot, private parking lot open to the public, public park or other city-owned property, or on the grounds of any public school, or in any stadium or on any athletic field.

(Ord. 528 § 2 (part), 1998).

Except as hereinafter provided, it is unlawful for any person to possess an open container of alcohol within any public park or adjacent city or county-owned, or city and county-owned property, or within any recreation or open space district. A violation of this section is punishable as an infraction pursuant to California Business and Professions Code Section 25620.

(Ord. 528 § 2 (part), 1998).

Sections 9.12.010 and 9.12.020 shall not apply where such consumption or possession occurs within or on premises for which a license authorizing such consumption and/or possession has been issued pursuant to California Business and Professions Code Sections 23000 through 25762.

(Ord. 528 § 2 (part), 1998).

It is unlawful for any person having in his or her possession any open container of alcohol to enter, be present in or upon, or to remain upon the posted premises of, including a posted parking lot immediately adjacent to, any retail business selling packaged alcoholic beverages as an off-sale alcoholic beverage licensee licensed pursuant to California Business and Professions Code Sections 23000 through 25752. For purposes 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 and any public sidewalk immediately adjacent to the licensed premises on which one or more clearly visible signs indicate to patrons of the licensee and to persons in such parking lot and/or on such public sidewalks, that the provisions of this section are applicable. The provisions of this section shall not apply unless such posting has occurred. A violation of this section is punishable as an infraction pursuant to California Penal Code Section 647e.

(Ord. 528 § 2 (part), 1998).

For purposes of this chapter, the term "open container of alcohol" shall mean any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal thereon broken, or the contents of which have been partially removed.

(Ord. 528 § 2 (part), 1998).

The provisions of this chapter shall not be deemed to prohibit or permit any act which is expressly prohibited or permitted by any law of the state of California including, but not limited to, any law regulating possession of an open container of alcohol within a motor vehicle.

(Ord. 528 § 2 (part), 1998).