Martinez Municipal Code Ch. 9.52 Consumption and Possession of Alcoholic Beverages

A. Consumption alcoholic beverages. Except as provided by Section 9.52.020, it shall be unlawful for any person to consume, drink or imbibe any alcoholic beverage in any quantity in any of the following places:

1. On any property that is owned by the City and open to public use, including but not limited to, any public park, parking lot or area designated for recreational use of the public, or on any public street, sidewalk, way or alley;

2. On the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee;

3. On other private property open to the public, including but not limited to, parking lots and shopping centers where the sale of alcoholic beverages has not been licensed; or

4. On private property open to public view without the express permission of the owner, his agent, or the person in lawful possession thereof.

B. Possession of an open container. Except as provided by Section 9.52.020, it shall be unlawful for any person to possess, handle, display, or exhibit any can, bottle or other receptacle containing any alcoholic beverage in any quantity, that has been opened or the seal broken or the contents of which have been partially removed, in any of the following places:

1. On any property that is owned by the City or open to public use, including but not limited to, any public park, parking lot, or area designated for recreational use of the public, or any public street, sidewalk, way, or alley; or

2. On the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee.

3. On other private property open to the public, including but not limited to, parking lots and shopping centers where the sale of alcoholic beverages has not been licensed; or

4. On private property open to public view without the express permission of the owner, his agent, or the person in lawful possession thereof.

C. The provisions in subsection B above are enacted pursuant to Business and Professions Code Section 25620 and Penal Code Section 647e and do not make unlawful any act that is expressly made inapplicable under either of these sections.

D. Nothing in this Section shall make unlawful any act which may be not regulated by a general law city under state law.

E. Any violation of this Section shall constitute an infraction and shall be punishable as provided by Section 1.12.030 of this Code.

F. For the purposes of this Section, "alcoholic beverage" shall refer to any liquid substance that is intended for consumption and contains more than one-half of one percent of alcohol by volume.

(Prior code § 3507; Ord. 1109 C.S. § I, 1988; Ord. 1346 C.S. § 1, 2008; Ord. No. 1462, § 3, 9/18/2024)

The following are exceptions to the provisions of Section 9.52.010:

A. Beer and wine may be possessed and consumed in public parks and recreation areas where permitted by a resolution adopted by the City Council.

B. Possession of any liquid substance that contains more than ½ of 1% of alcohol by volume is allowed in a public park or recreational area only after a person(s) has applied, at least 24 hours before using the park or recreational area for a permit for such use, and a written permit to possess alcoholic or intoxicating beverages in a specific park or recreation area has been obtained from the City, and the fee established by the resolution establishing fees and charges for various municipal services of the City of Martinez for said permit have been paid.

C. Possession of any liquid substance that contains more than ½ of 1% of alcohol by volume is allowed in any area approved in writing by the City Manager as long as said possession is incidental to a specified use or event.

D. Possession of any liquid substance that contains more than ½ of 1% of alcohol by volume is allowed in any establishment in accordance with a lawfully obtained permit issued by the California Department of Alcoholic Beverage Control.

(Prior code § 3507.1; Ord. 1109 C.S. § II, 1988; Ord. 1346 C.S. § 2, 2008)