La Puente Municipal Code Ch. 3.04 Alcoholic Beverages

Sections:

• 3.04.010 Definitions.

• 3.04.020 Drinking in public places prohibited.

• 3.04.030 Possession of opened alcoholic beverage container on posted premises.

• 3.04.040 Drinking on school grounds.

• 3.04.050 Drinking in vehicles.

• 3.04.060 Serving alcohol to minors at an event on private property.

• 3.04.070 Enforcement services at an event requiring a second or further response.

• 3.04.080 Unsupervised consumption of alcohol by a minor on private property.

• 3.04.090 Additional remedies.

• 3.04.100 Appeal procedure.

• 3.04.110 Violations.

*Prior ordinance history: Ord. 1 §§ 4400—4406 and 411.

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

“Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

“Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes alone or when diluted, mixed or combined with other substances.

“Cost of enforcement services” means all costs incurred by the city in responding to or remaining at an event which violates the provisions in this chapter. It includes the salaries and benefits of personnel of the Los Angeles County sheriff’s department or other code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, such an event; the administrative costs attributable to the incident; the actual cost of any medical treatment to injured law enforcement personnel or other code enforcement personnel; the cost of repairing any damaged city equip ment or property; and the costs arising from the use of any city equipment in responding to or remaining at such event.

“Event” means a group of persons who have assembled or are assembling for a social occasion, party, gathering or social activity.

“Juvenile” means any person under eighteen years of age.

“Minor” means any person under twenty-one years of age.

“Responsible party” means the person(s) responsible for the event. “Responsible party” includes, but is not limited to: (1) the person(s) who owns, rents, leases, or otherwise has control of the premises where the event takes place; (2) the person(s) in charge of the premises where the event takes place; or (3) the person(s) who organized the event. When a person responsible for the event is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the cost of enforcement services.

(Ord. 790 § 1 (part), 1999)

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.

(Ord. 822 § 1, 2003: Ord. 790 § 1 (part), 1999)

(a) It is unlawful for any 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, to enter, be, or remain on the posted premises of any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the California Business and Professions Code.

(b) For purposes 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 such possession is prohibited.

(c) Any business, which is subject to licensure under any retail package off-sale alcoholic beverage license, will post or cause to be posted sign(s) advising patrons of the prohibition in subsection (a) of this section. Each sign must be eighteen inches by twenty-four inches in size and read as follows:

“It is an infraction for any person who possesses any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal broken, or the contents of which have been partially removed, to enter, be, or remain on the premises of this establishment, including the parking lot and the public sidewalk immediately adjacent to this liquor establishment.”

Such signs will be posted not less than five feet nor more than eight feet above floor level and will be of sufficient number and location to cause the message of the signs to be clearly visible and readable.

(d) It is unlawful for any person to willfully mutilate or destroy any sign required by this section.

(e) This prohibition does not apply to a private residential parking lot which is immediately adjacent to the posted premises.

(Ord. 790 § 1 (part), 1999)

It is unlawful for any person to consume any alcoholic beverage on the grounds of any public school or any stadium or athletic field while being used by a public school.

(Ord. 790 § 1 (part), 1999)

It is unlawful for any person to enter or remain in a vehicle while any other occupant is consuming any alcoholic beverage while such vehicle is on a public street, alleyway, or public highway.

(Ord. 790 § 1 (part), 1999)

Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person to suffer, permit, allow, or host an event at his or her place of residence or other private property, place, or premises under his or her control where five or more minors are present and alcoholic beverages are being consumed by any minor. The provisions in this section do not apply to conduct exclusively between a minor and his or her parent or legal guardian.

(Ord. 790 § 1 (part), 1999)

When any event involving minors occurs on private property and a deputy of the Los Angeles County sheriff’s department or other code enforcement officer at the scene determines that there is a threat to the public peace, health, safety, or general welfare, the responsible party will be liable for the cost of enforcement services provided during a second or follow up response by the sheriff’s department or other code enforcement personnel, after a first warning has been given to the person(s) responsible for the event to control the threat to the public peace, health, safety, or general welfare.

(a) Second Response. Notwithstanding any other provision of this chapter, the maximum fee that may be charged for a second response shall be six hundred dollars.

(b) Third or Subsequent Response. The sheriff’s department or the code enforcement officer will keep an itemized account of all charges incurred in providing enforcement services for a third or subsequent response, and the responsible party will be liable for the total costs incurred.

(c) The amount expended for the cost of enforcement services is a debt owed to the city by the responsible party, and, if juveniles, their parents or legal guardians. The city attorney is authorized to bring an action against any responsible party to recover such costs, including reasonable attorney’s fees.

(Ord. 790 § 1 (part), 1999)

It is unlawful for any minor to consume any alcoholic beverage at a place not open to the public. This prohibition does not apply when:

(a) Such consumption is permitted by state law; and

(b) The minor is being supervised by his or her parent or legal guardian.

(Ord. 790 § 1 (part), 1999)

The remedies set forth in this chapter are not exclusive and may be used in addition to those set forth elsewhere in this code, including Chapter 3.20, or by law. This chapter in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter.

(Ord. 790 § 1 (part), 1999)

(a) Any responsible party who has been assessed costs or fees under the provisions of this chapter may appeal such decision to the city council.

(1) Within thirty calendar days after the issuance of the notice to pay the costs of enforcement services, any responsible party who has been assessed the costs or fees under the provisions of this chapter may appeal the decision to the city council. The appeal shall set forth the ground(s) for the appeal and shall be accompanied by an appeal fee in an amount prescribed by resolution of the city council. A timely appeal accompanied by the required fee shall automatically entitle the aggrieved party to a hearing before the city council.

(2) The hearing shall be held and action taken at a duly noticed city council meeting following the timely filing of a complete appeal.

(3) At least ten calendar days prior to the hearing, notice of the hearing shall be mailed to the appellant.

(4) At the time set for the hearing, or at the date to which the hearing may be continued, the city council shall hear the appellant, and shall hear testimony from all other interested persons who attend the hearing. The city council, in considering the appeal, shall give consideration to all relevant documents filed and all relevant testimony given at the hearing.

(5) Within thirty calendar days after the conclusion of the public hearing, the city council shall adopt and issue a written decision upholding or denying the appeal. The decision of the city council shall be final.

(Ord. 790 § 1 (part), 1999)

A violation of any of the provisions of this chapter is a misdemeanor which is punishable by the general penalty of Section 1.08.040 of this code.

(Ord. 790 § 1 (part), 1999)