Morro Bay Municipal Code Ch. 9.18 Alcoholic Beverage Control Regulations

Consumption of alcoholic beverages by individuals in public places frequently results in the disruption of the free use, movement, and enjoyment of public places and imposes an extraordinary burden on city employees charged with maintaining the public safety. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to regulate the consumption and possession of alcoholic beverages on public property within the city limits.

(Ord. 462 § 2 (part), 1997)

For the purpose of this chapter, the following words shall be defined as follows:

A. "Alcoholic beverage" means every liquid or solid containing alcohol as defined under California Business and Professions Code Section 23004.

B. "Public place" means any public sidewalk, street, parking lot, alley, highway, park, beach, or any municipally owned, leased, or operated facility, building, pier, or other public property opened to the general public within the city.

(Ord. 462 § 2 (part), 1997)

It is unlawful for any person to have in their possession or on their person any bottle, can, container, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, or to consume alcoholic beverages in any public place in the city.

(Ord. 462 § 2 (part), 1997)

The possession of open alcoholic containers or the consumption of alcoholic beverages in a public place is permitted under the following conditions:

A. The possession and consumption of the alcohol is conducted on the premises of a business or other place that is licensed by the State of California Department of Alcoholic Beverage Control.

B. An individual person or group involved in the possession and consumption of the alcoholic beverages has been issued a public use permit allowing for the possession and consumption of the alcoholic beverages in accordance with Morro Bay Municipal Code Section 2.24.150.

C. The city council, by resolution, has provided for temporary or limited exception to the prohibitions as set forth in Section 9.18.030 for city sponsored events on city property.

(Ord. 462 § 2 (part), 1997)

As determined by city council resolution, public notice of the regulation of the possession of open alcoholic containers and consumption of alcoholic beverages in public places as described in this chapter, may be made through newspaper publication, posting of signs or other appropriate means that the city council determines to be necessary.

(Ord. 462 § 2 (part), 1997)

Any person who violates any provision of this chapter is guilty of an infraction, and, upon conviction thereof, is punishable as set forth in Title 1 of this code.

(Ord. 462 § 2 (part), 1997)