Lodi Municipal Code Ch. 9.04 Offenses Against Public Decency

No person shall drink or have in his possession an open container of any alcoholic beverage in the public right-of-way. Further, no person shall drink or have in his possession an open container of any alcoholic beverage within fifty feet of any public right-of-way while on private property open to public view without the express permission of the owner, his agent or the person in lawful possession thereof.

A. Exceptions:

1. In the downtown, as delineated by the "downtown development standards and guidelines" as approved by the city council, the sale and consumption of alcohol within the public right-of-way may be allowed in conjunction with an event sponsored or conducted by the downtown Lodi partnership. Said event shall have an alcoholic beverage license issued by the state of California Department of Alcoholic Beverage Control and written approval of the city manager or his designee.

2. Sidewalk seating areas as defined in Chapter 12.04, Encroachments;

B. Within fifty feet of any public way while on private property open to public view without the express permission of the owner, his agent or the person in lawful possession thereof.

C. Nothing in this section shall prohibit the sale, possession or consumption of alcoholic beverages on a public right-of-way; provided, that all the following conditions are met:

1. A valid right-of-way encroachment permit for such premises has been obtained from the public works department,

2. The location upon which such alcoholic beverages are to be sold, consumed or possessed is adjacent to and operated as part of a bona fide eating establishment,

3. The premises are appropriately licensed by the state of California for such sale of alcoholic beverages,

4. The area of the public right-of-way upon which such alcoholic beverages are to be sold, possessed or consumed is completely surrounded by a fence or enclosure at least three feet high and not directly accessible (with the exception of emergency exits or gates from the surrounding public sidewalk or right-of-way).

(Ord. 1666 § 1, 1998; Ord. 1618 § 1, 1995; prior code § 15-5A)

A. Except as provided in this section, it is unlawful for any person, either as owner, principal clerk, agent, servant or employee of any public billiard room or poolroom or combination billiard room and poolroom conducted, maintained or operated in the city, where one or more billiard, pool or combination billiard and pool tables are kept for hire or public use, to permit, allow or suffer any minor under the age of eighteen years to visit, enter, remain on or frequent any such public billiard room or poolroom or combination billiard room and poolroom.

B. Any person desiring to conduct or carry on a public billiard room or poolroom where minors under the age of eighteen years may use such facilities shall first make an application in writing to the chief of police. After investigation should the chief of police find that applicant's billiard room or poolroom is suitable for use and patronage of minors under the age of eighteen years, that the applicant is a proper and suitable person, and that the location and arrangement of the proposed place where such business is to be conducted are satisfactory, a permit may be issued by the chief of police permitting a billiard room or poolroom to be visited, occupied and used by minors under the age of eighteen years, subject to the following conditions:

1. No minor under the age of eighteen years may be permitted to frequent any billiard room or poolroom after the hour of ten p.m. on any day following which any public school shall be in session in the city, or after twelve midnight on any other day. School is "in session" from the beginning of the first class in any school to the end of the last class in any school in the city.

2. The light at the playing level of the tables in any billiard room or poolroom frequented by minors under the age of eighteen years shall be at least fifty footcandles and the area of play set aside for minors shall be completely open to full public view.

3. The billiard room or poolroom frequented by minors under the age of eighteen years, as provided in this section, shall be supervised by an adult person over the age of twenty-one years at all times during which any such minors are present, and such supervisor shall be responsible for the prevention of the violation of any law, state or local, by any occupants of such billiard room or poolroom.

C. Should a permit be denied or, if granted, subsequently revoked or suspended by the chief of police, the aggrieved party may appeal to the city council.

(Prior code 15-12)

No person shall urinate or defecate in or upon any street, alley, plaza, park, public building, publicly maintained facility, public land, or in any place open to the public or exposed to public view. This does not apply to using a public bathroom.

(Ord. 1726 § 1, 2002)