Merced Municipal Code Ch. 9.12 Intoxicated Persons

It is unlawful for any person in an intoxicated or drunken condition or under the influence of any intoxicating liquors or drugs to be in any public place or upon any street or alley, or to be in any vehicle in any public place or upon any street or alley within the corporate limits of the city.

(Prior code § 17.17).

It is unlawful, and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of the Code, for any person to serve, drink, consume, or have in his/her possession an open container containing any spirituous, vinous, malt, or any other intoxicating liquors in or upon any of the streets, sidewalks, alleys, parks, parking lots, or any public place in the city, unless otherwise permitted by the Merced Municipal Code or authorized by the city council.

(Ord. 2316 § 12, 2008: Ord. 1445 § 1, 1982: Ord. 1317 § 11, 1980: prior code § 24.7).

A. Prohibited Conduct. No person in possession of any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or has a seal broken, or the contents of which have been partially removed, shall enter or remain on the posted premises of, including the posted parking lot or on any public sidewalk 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. Any person violating this provision shall be guilty of an infraction.

B. Posting of Signs.

1. All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business and Professions Code to operate in the City of Merced shall post such licensed premises with permanent signs which shall include language stating that possession of any opened alcoholic beverage container in or outside the store is prohibited by law. Signs required to be posted pursuant to this section must be clearly visible to: (1) patrons of the licensee; (2) persons using the parking lot immediately adjacent to the licensed premises; and (3) persons on the public sidewalk immediately adjacent to the licensed premises.

2. Signs damaged, stolen or otherwise removed must be replaced by the licensee within ten working days from the date of damage or removal.

3. Any licensee who does not acquire, post and maintain signs pursuant to this provision is guilty of an infraction.

C. Definitions.

1. "Posted premises" means those premises which are subject to licensure under any retail off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises, and any public sidewalk immediately adjacent to the licensed premises which are posted with notices pursuant to subsection B.

2. "Parking lot immediately adjacent to the licensed premises" means any parking lot which is contiguous to the licensed premises and is utilized by the patrons of the licensed premises.

(Ord. 1869 § 1, 1994).