Monterey County Municipal Code Ch. 11.31 Consumption and Possession of Alcoholic Beverages by Persons Under…

"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

"Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, 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 dilute, mixed, or combined with other substances.

"Beer" means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer but does not include sake, known as Japanese rice wine.

"Residence" or "premises" means a home, apartment, condominium, or other dwelling unit, meeting room, hall, or building, or any portion thereof, whether occupied on a temporary or permanent basis and whether occupied as a dwelling or for a social function, which is owned, rented, leased, or under the control of any person or persons, including the yard and detached buildings adjacent to such residence or premises.

"Spirits" means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof.

"Wine" means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name and which does not contain more than fifteen (15) percent added flavoring, coloring, and blending material and which contains not more than twenty-four (24) percent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine.

(Ord. 4116, 2001)

No person under the age of twenty-one (21) years shall have in his or her possession or consume any alcoholic beverage at any place not open to the public, unless his or her parent or legal guardian is present.

(Ord. 4116, 2001)

No person shall suffer, permit, allow or host a social gathering at any residence or premises under his or her control where five or more persons under the age of twenty-one (21) years are present and alcoholic beverages are in the possession of or being consumed by any person under the age of twenty-one (21) years, unless a parent or legal guardian for each person under the age of twenty-one (21) years is present at the social gathering.

(Ord. 4116, 2001)

Nothing in this Chapter shall be deemed or construed to prohibit the possession or consumption of any alcoholic beverage by any person under the age of twenty-one (21) years at or during any service, ceremony, or activity in connection with the free exercise of religion under the Constitution or laws of the United States or the State of California.

(Ord. 4116, 2001)

Any person who fails to comply with this Chapter, unless excused or exempted therefrom, is guilty of an infraction and shall be punished as provided in Section 1.20.040B2.

(Ord. 4116, 2001)