Milpitas Municipal Code Ch. 400 Alcoholic Beverage Control Regulations

It shall be unlawful for any person to have in his or her possession or on his or her possession any bottle, glass, can or other receptacle containing any alcoholic beverage or intoxicating liquor, including wine or beer, which is opened, has been opened, or a seal broken, or the contents of which have been partially removed, in or upon any public place as defined in Section V-400-3.

(Ord. 248 (part), 6/3/97)

It shall be unlawful for any person to drink or consume any alcoholic beverage or intoxicating liquor, including wine or beer, in or upon any public place.

(Ord. 248 (part), 6/3/97)

For the purpose of this Chapter 400, public place shall mean any alley, street, highway, sidewalk, parkway, City parking lot, playground, school grounds, bus station, or any public property open or accessible to the general public, except for City parks as defined in V-9-1.01 of this Code, which place is not licensed for the consumption of alcoholic beverages or intoxicating liquors, including wine or beer.

(Ord. 248.1, 2/20/01)

The prohibitions of this Chapter shall not apply to any public place that has received authorization from the City Council allowing possession or consumption of alcoholic beverages.

(Ord. 248 (part), 6/3/97)

Each violation of any provision of this Chapter 400 shall be an infraction. Each day such a violation continues shall be regarded as a new and separate infraction. This Chapter shall not be construed or interpreted as applicable to any act or acts prohibited or punishable by State law, but shall be limited to permitted subjects of local regulation not preempted by State law.

(Ord. 248 (part), 6/3/97)