Manhattan Beach Municipal Code Ch. 4.48 Consumption of Alcoholic Beverages in Public Places

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

A. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, whiskey and every liquid or solid containing alcohol, spirits, wine or beer which contains one-half (½) of one (1%) percent or more of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.

B. "Public place" means and includes, but is not limited to, any sidewalk, street, alley, park, pier, beach, restaurant, cafe, theater, store, building or other place to which the public is invited or has access or any place open to the public view.

(§ 1, Ord. 750)

Repealed by § 2, Ord. 1929, eff. July 20, 1995

The drinking of any alcoholic beverage, unless specifically permitted by the prior written approval of the City, shall be prohibited:

A. On any public boulevard, avenue, street, place, way, court, alley, park, pier, parking lot, the beach or any other public place in the City;

B. In the public parking, loading, and access areas of any commercial shopping center;

C. On any grounds owned by or under the control of a public school district or public park district within the City, or within a distance of three hundred feet (300′) from any exterior boundary of such grounds, except on private residential property or within a properly licensed commercial establishment; and

D. Within any public park, public place, recreation and park district, regional park, open-space district, recreation facility, or recreational area owned and/or operated by the City, County, or any public agency. This section shall not apply where the possession is within premises located in a park or other public place for which a license has been issued pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code and a permit has been granted by the City Council.

(§ 3, Ord. 750; as amended by § 3, Ord. 1929, eff. July 20, 1995)

It shall be unlawful for any person to mix, blend or combine any alcoholic beverage with any liquid in any public place in the City for the purpose of consuming said mixture, combination or blend in such public place except upon premises licensed under an on-sale or on-sale general license under the Alcoholic Beverage Control Act of the State.

(§ 4, Ord. 750)

It shall be unlawful for any person as owner, manager, employee or otherwise or any restaurant, cafe, theater, store or other such public place in the City to give, sell or furnish to any other person any liquid in such public place to be mixed, blended or combined with any alcoholic beverage for consumption in such public place except upon premises licensed under an on-sale or on-sale general license under the Alcoholic Beverage Control Act of the State.

(§ 5, Ord. 750)

It shall be unlawful for any person as owner, manager, employee or otherwise, or any restaurant, cafe, theater store or other such public place in the City to allow or permit any person to consume any alcoholic beverage in such public place except upon premises licensed under an on-sale or on-sale general license under the Alcoholic Beverage Control Act of the State.

(§ 6, Ord. 750)

It shall be unlawful for any intoxicated person or any person in an intoxicated condition wilfully to appear, remain or be in or on any private premises, private house, hotel, apartment, rooming house or lodging house of any kind or description to the annoyance of any other person.

(§ 7, Ord. 750, as amended by § 1, Ord. 793)

It shall be unlawful for any person to be in a state of drunkenness or intoxication in the City while in or upon any street car, train, airplane, balloon, machine lighter than air, automobile, motorcycle, trailer, semi-trailer or any other vehicle or device upon or by which any person or property is or may be transferred or drawn upon a public highway, excepting devices moved by human power. For the purposes of this section, a bicycle shall be deemed a vehicle.

(§ 1, Ord. 426)

Notwithstanding the other prohibitions of this chapter, after considering the recommendation of the Chief of Police, the City Council may grant special permits for the sale or consumption of wine or beer at special functions or activities in a park or other public place if there is a public benefit to the community. Any such special permit shall also be subject to the requirements of the California Department of Alcoholic Beverage Control. For purposes of this section, public place includes the Manhattan Beach Pier but excludes the remainder of the public beach.

(§ 1, Ord. 1461, eff. June 17, 1976, as amended by § 1, Ord. 1544, eff. September 5, 1978; Ord. No. 1916, amended, 08/04/94, and § 1, Ord. 15-0013, eff. August 7, 2015)

A. All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code shall post on the premises, including an adjacent parking lot, a notice in substantially the following form:

No 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, shall enter, be, or remain on the premises, including the adjacent parking lot or on any immediately adjacent public sidewalk. Violations are subject to criminal prosecution and a fine of up to one hundred dollars ($100.00) for the first offense, two hundred dollars ($200.00) for the second offense within one year, and five hundred dollars ($500.00) for any additional violations within one year.

B. Posting of such notice must be clearly visible to the patrons of the licensee and parking lot and to persons on the public sidewalk.

C. The provisions of this section do not apply to a private residential parking lot which is immediately adjacent to the posted premises.

(§ 4, Ord. 1929, eff. July 20, 1995)

A. No 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, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises.

B. Any person violating any provision of this section shall be guilty of an infraction and subject to punishment in accordance with Section 4.48.100 of this Code.

C. The provisions of this section do not apply to a private residential parking lot which is immediately adjacent to the posted premises.

(§ 5, Ord. 1929, eff. July 20, 1995)