McFarland Municipal Code Art. II Public Areas

As used in this article, unless the context otherwise indicates:

A. "Business establishment" means any entity, other than the state or a local governmental entity, however organized, which furnishes goods or services to the general public. An otherwise qualifying establishment which has membership requirements is considered to furnish services to the general public if its membership requirements: Consist only of payment of fees.

B. "City" means the city of McFarland.

C. "Car wash" means any business enterprise or entity, of either a permanent or temporary nature, which charges a fee for the washing, waxing, polishing and any and all other forms of cleaning vehicles required to be registered under the Vehicle Code of the state, regardless if the cleaning is done by automated, mechanical or manual means.

D. "Parking lot" means any area, either publicly or privately owned which is set aside for and/or used for the parking of vehicle required to be registered under the Vehicle Code of the state of California excluding those areas in residential zones used for off-street parking at a private residence.

E. "Posted premises" means those premises which must obtain any retail alcoholic beverage license of the California Business and Professions Code in order to operate lawfully, any parking lot immediately adjacent to such licensed premises or on any public sidewalk immediately adjacent to the licensed premises on which visible notices have been posted indicating that the provisions of this section are applicable to such premises.

F. "Public streets" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel including, without limitation, alleys and ways.

G. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

(Ord. 177 §1, 1979)

(Ord. No. 002-2018, § 1, 4-12-18)

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 any business establishment, retail alcoholic beverage licensee, including the posted parking lot immediately adjacent to or on any public sidewalk immediately adjacent to the licensed and posted premises, while in, about or upon any car wash, parking lot, public street, sidewalk, alley, parking lot open to the general public, highway, or business establishment in the city of McFarland. This section does not apply to a private residential parking lot which is adjacent to the posted premises.

B. It shall be unlawful for any person to consume any alcoholic beverage as the same is defined in Section 23004 of the Business and Professions Code of the state of California, or as hereafter amended, while in, about or upon any car wash, parking lot, public street, sidewalk, alley, parking lot open to the general public, highway, or business establishment in the city of McFarland.

(Ord. 177 §2, 1979)

(Ord. No. 002-2018, § 1, 4-12-18)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars or by imprisonment in the county jail for a period of not exceeding six months, or by both fine and imprisonment. Every day upon which violation of this chapter exists or continues shall constitute a separate offense.

(Ord. 177 §4, 1979)