Monrovia Municipal Code Ch. 9.12 Public Consumption of Alcoholic Beverages

ALCOHOLIC BEVERAGE, as used in this chapter, shall mean and include alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

(`83 Code, § 9.12.010)

It shall be unlawful within the city for any person to drink any alcoholic beverages on any public street, highway, alley, sidewalk, parkway, or within any municipal, county, state, or federal building or premises which is open to and maintained for the use and convenience of the public, or upon any city-owned property or within the limits of any park or parks within the city, excluding, however, from such park or parks, buildings thereon leased by the city to clubs, organizations, or individuals. Businesses and/or persons who have been issued an outdoor dining permit pursuant to Chapter 17.44 of this code and have obtained a conditional use permit from the Planning Commission for the sale of alcoholic beverages shall be exempt from this section of the code as it pertains to its defined dining area.

(`83 Code, § 9.12.020) (Ord. 2002-08 § 5, 2002)

(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, 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), or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating any provision of this section shall be guilty of an infraction.

(B) As used in division (A) of this section, POSTED PREMISES shall mean 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 lot and to persons on the public sidewalk, that the provisions of division (A) of this section and Cal. Penal Code § 647e(a) are applicable.

(C) Each retail package off-sale alcoholic beverage licensee in the city shall post notice on its premises substantially providing as follows:

NOTICE: POSSESSION OF OPENED ALCOHOLIC BEVERAGE CONTAINERS ON THESE PREMISES IS PROHIBITED BY LAW. CAL. PENAL CODE SECTION 647e. MONROVIA MUNICIPAL CODE SECTION 9.12.030.

The number, size, design and location of such notices shall be subject to the approval of the Chief of Police or his or her designee. If a licensee fails to post notice as directed by the Chief of Police or his or her designee after 30 days' written notice to do so, the premises shall be deemed to be a public nuisance and the Chief of Police or his or her designee shall be authorized to commence nuisance abatement proceedings pursuant to Chapter 8.12 of this code.

(D) Except as provided in division (E) of this section, the owner or possessor of any property open to the public, other than a retail package off-sale alcoholic beverage establishment, may cause the property to be posted with the notice described in division (C) of this section. Upon such posting, the provisions of division (A) of this section shall apply to the property notwithstanding the fact that the property is not occupied by a retail package off-sale alcoholic beverage licensee.

(E) The provisions of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises.

(`83 Code, § 9.12.030) (Ord. 83-18 § 1, 1983)