Menifee Municipal Code Ch. 11.10 Possession of Open Alcoholic Beverages Containers

(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, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with § 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises.

(B) As used in 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 lots and the persons on the public sidewalk, that the provisions of this section are applicable. The provisions of this section do not apply to a private residential parking lot which is immediately adjacent to the posted premises.

(C) All retail package off-sale alcoholic beverage licensees licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with § 23000) shall install and maintain signs on the licensed premises, clearly visible to the patrons of the licensee and to persons in or on any parking lot or public sidewalk immediately adjacent to the licensed premises, which notify all persons that the provisions of division (A) above are applicable.

(Ord. 2009-29, passed 5-20-2009)

(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 seal broken, or the contents of which have been partially removed, to enter upon or to remain upon any posted parking lot and/or sidewalk in the immediate vicinity of any on-sale retail alcoholic beverage licensee including, but not limited to, a bar, beer garden, or nightclub licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with § 23000).

(B) As used in this section, POSTED PARKING LOT or POSTED SIDEWALK means any parking lot or sidewalk in the immediate vicinity of the licensed premises; provided that, at all locations clearly visible notices indicate to persons on sidewalks and parking lots in the immediate vicinity that the provisions of this section are applicable.

(C) As used in this section, IMMEDIATELY VICINITY shall mean within 1,000 feet of the external walls of the building(s) or parking lots where alcoholic beverages are being sold or served or within 1,000 feet of seating areas where the beverages are being sold or served in outside patio areas.

(D) All on-sale retail alcoholic beverage licensees licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with § 23000) shall install and maintain signs on their licensed premises, clearly visible to the patrons of the license and to persons in or on any parking lot or sidewalk in the immediate vicinity of the licensed premises, which shall notify all patrons and persons that the provisions of this chapter are applicable.

(E) All premises licensed for the sale of alcoholic liquid shall post a notice at each exit stating “No beer, liquor or wine may be carried in an open container out of this building”.

(Ord. 2009-29, passed 5-20-2009)