Mountain View Municipal Code Art. IV Alcohol Control Regulations

a. Except as otherwise provided, no person shall drink or consume any alcoholic beverage upon any public street, highway, sidewalk, median strip, park, parking lot or any other public property.

b. Except as otherwise provided, no person shall drink or consume any alcoholic beverage while upon any private sidewalk, building apron or parking lot open to the public.

c. Exceptions. The provisions of this section shall not apply to the consumption of alcoholic beverages:

1. In any public park or parking area if otherwise permitted by this code.

2. Pursuant to a permit allowing the sale of alcoholic beverages issued to a vendor in the downtown or other area of the city or pursuant to a permit allowing the sale of alcoholic beverages issued for a special event.

3. To situations which would invoke application of state laws, including, but not limited to, restrictions on the drinking, possession or storage of an open receptacle containing an alcoholic beverage while a person is in a motor vehicle upon a highway (California Vehicle Code Sections 23222 or 23223), or restrictions on the possession of an intoxicating liquor by a person under the age of twenty-one (21) on a public street or highway or on any public place or in any place open to the public (California Business and Professions Code Section 25662).

(Ord. No. 3.91, 2/12/91; Ord. No. 6.97, 4/29/97; Ord. No. 1.05, 2/8/05.)

a. Permit required. Any alcohol retailer who violates the law prohibiting the sale of alcohol products to minors or who violates any other provision of this chapter twice within any thirty-six (36) month period shall file for a conditional use permit pursuant to Sec. A36.42.200 of this code within ninety (90) days of said violation or cease and desist the sale of alcohol products and/or alcohol paraphernalia until and unless he/she secures a conditional use permit. Failure to apply for and diligently pursue said permit as required by this section shall require the alcohol retailer to cease and desist sales of alcohol products and paraphernalia. Any alcohol retail location which is subject to an existing conditional use permit shall file an application to modify said conditional use permit consistent with this section.

b. Review of the application. The zoning administrator shall review the application and may approve the application if findings can be made that any further risks to minors have been eliminated through modification to the way alcohol products are stored, displayed, secured and/or advertised and that adequate security and educational measures will be regularly implemented by the applicant.

1. The chief of police shall present evidence of the violation(s) and any other pertinent facts to the zoning administrator. The chief may propose conditions which will ensure compliance with applicable federal, state and local laws. If the chief of police recommends against approval of the application, the zoning administrator, after hearing the matter, shall forward the application to the city council for final action.

(Ord. No. 1.05, 2/8/05.)