Montague Municipal Code Ch. 9.10 Alcoholic Beverages

ALCOHOLIC BEVERAGES

Sections:

• 9.10.010 Definitions.

• 9.10.020 Possession of open container of alcoholic beverage near liquor stores.

• 9.10.030 Possession of open container of alcoholic beverage in city parks.

• 9.10.040 Consumption of alcoholic beverages on public property. 9.10.050 Consumption of alcoholic beverages on private parking areas.

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

A. Alcoholic Beverage. The term “alcoholic beverage” means alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

B. Consumption of Alcoholic Beverages. The phrase “consumption of alcoholic beverages” and/or the phrase “consume an alcoholic beverage” means the drinking or other ingestion of an alcoholic beverage.

C. Open Container of Alcoholic Beverage. The phrase “open container of alcoholic beverages” means a bottle, can, glass or other receptacle or container of any type which contains alcoholic beverages and has been opened, or a seal broken, or the contents partially removed.

D. Open and Accessible to the Public. The phrase “open and accessible to the public” means open and available for members of the public to enter for some legitimate purpose. A secured, locked or completely enclosed area is not open and accessible to the public.

E. Private Landscaped Areas and Landscaped Areas. The phrases “landscaped area” and “private landscaped area” mean areas of vegetation, rock ornamentation or other artifact adjacent either to public streets and sidewalks, or to private parking lots, and located on private property used for commercial purposes or for residential purposes and containing three or more units.

F. Parking Lots. The phrase “parking lots” includes adjacent carports, passageways and staircases that are open and accessible to the public. (Ord. 04-01, 2004)

A. Prohibited Conduct. 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 Division 9 (Section 23000 et seq.) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating this section shall be guilty of an infraction.

B. “Posted Premises” Defined. As used in subsection A of 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 signs indicate to the patrons of the licensee and to persons in the adjacent parking lot or on the adjacent sidewalk, that the provisions of subsection A of this section are applicable. This section can only be enforced on premises that have been posted with such signs.

C. Posting of Signs Required. All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business and Professions Code to operate in the city 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 licensee's premises, in the adjacent parking lot, or on adjacent sidewalks, is prohibited by law. Signs required to be posted pursuant to this section must be clearly visible to:

1. patrons of the licensees;

2. persons using the parking lot immediately adjacent to the licensed premised; and (3) persons on the public sidewalk immediately adjacent to the licensed premises. Any licensee who does not acquire, post and maintain signs pursuant to this provision is guilty of an infraction. (Ord. 04-01, 2004)

A. Any person possessing any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which has been partially removed, in any city-owned park, open space, or other adjacent city-owned public place shall be guilty of an infraction.

B. Exception. This section shall not apply to any person or group that has obtained a permit from the city. (Ord. 04-01, 2004)

A. It is unlawful for any person to consume any alcoholic beverage in or on any public street, sidewalk, alley, highway, city park, city recreation area, city open space, playground, or other city-owned, leased or controlled property.

B. Exception. This section shall not apply to any person or group consuming alcohol at a temporary event or entertainment for which a permit has been obtained from the appropriate city department. (Ord. 04-01, 2004)

• A. It is unlawful for any person to consume any alcoholic beverage:

  1. In or on parking lots located on private property used for commercial purposes, and open and accessible to the public;

2. In or on parking lots located on private property containing three or more residential units, and open and accessible to the public;

3. In or on landscaped areas located on private property adjacent to parking lots described in subsections (A)(1) and (2) of this section, or adjacent to public property described in Section 9.10.040(A), and open and accessible to the public.

B. This section shall not be effective unless the property owners of particular private parking lots and landscaped areas post the premises with signs prohibiting the consumption of alcoholic beverages pursuant to this section. These signs must be clearly visible to persons in or on the areas listed in subsection A of this section, and must clearly indicate that consumption of alcohol is prohibited.

C. The signs required by this section shall state that consumption of any alcoholic beverage in the parking Jot or landscaped area is prohibited by Jaw. The signs must be clearly visible to (1) persons coming onto the premises, (2) persons using the parking lot, (3) persons on the sidewalk immediately adjacent to the parking Jot or the landscaped area.

• D. Exceptions.

  1. This section shall not apply to parking Jots or landscaped areas that are not posted pursuant to this section.

  2. This section shall not apply to persons or groups who have obtained written permission of the property owner to consume alcoholic beverages on parking lots and landscaped areas. (Ord. 04-01, 2004)