National City Municipal Code Ch. 10.30 Regulation of Alcoholic Beverages in Public Venues and Places

Footnotes:

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Prior ordinance history: Ordinances 753, 1013, 1249, 2012 and 2093.

It is the purpose and intent of the city council to enact regulations governing the consumption, use or possession of alcoholic beverages and open containers in those areas that are not expressly regulated by the Business and Professions Code or Vehicle Code, and which are thereby permissible for local regulation. The city council finds and determines that such local regulation is both reasonable and necessary in order to protect the public health, safety, and welfare in those venues that impact the local citizenry.

(Ord. 2186 § 2 (part), 2001)

Within this chapter, the following definitions shall apply:

"Alcoholic beverages", as defined by Business and Professions Code Section 23004, means and includes 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 diluted, mixed or combined with other substances.

"Highway" is as defined by Vehicle Code Section 360, and means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. A "highway" includes a street.

"Open alcoholic beverage container" means and includes any can, bottle or other receptacle containing an alcoholic beverage, which has been opened, or the seal of which has been broken or removed, or the contents of which have been partially removed.

(Ord. 2186 § 2 (part), 2001)

A. It is unlawful for any person in any city park or in any adjacent city-owned public place to consume any alcoholic beverage or to possess an open alcoholic beverage container.

B. The city manager shall cause signs to be posted at each pedestrian and vehicle entrance of a city park advising of this prohibition. Installation of signage shall not be a prerequisite to enforcement or prosecution.

(Ord. 2186 § 2 (part), 2001)

Notwithstanding the provisions of Section 10.30.030, the city council may allow the sale or use of alcoholic beverages in a city-owned building located within a public park in conjunction with an application for a temporary use permit pursuant to Chapter 15.60. City-owned buildings which are operated or leased by a third party, pursuant to a written agreement approved by the city council, may be allowed to serve or sell alcohol according to the terms as set forth in that written agreement, and shall not be required to obtain a temporary use permit pursuant to Chapter 15.60.

(Ord. 2186 § 2 (part), 2001)

(Ord. No. 2017-2436, 5-2-2017)

It is unlawful for any person upon any public street, sidewalk, alley, plaza, public parking lot, private parking lot open to the public or any undeveloped area within the city limits to consume any alcoholic beverage or to possess an open alcoholic beverage container without a permit duly issued by the city manager.

(Ord. 2186 § 2 (part), 2001)

A. It is unlawful for any person inside any vehicle not on a highway within the city limits to consume any alcoholic beverage or to possess an open alcoholic beverage container.

B. Subsection A shall not apply to an open alcoholic beverage container that is securely locked within a car trunk or locked exterior compartment of any other vehicle.

C. The provisions of this section are intended to apply only on private property with public access; public parking lots; private parking lots open to the public; or on undeveloped areas within the city limits.

(Ord. 2186 § 2 (part), 2001)

A. The owner, operator or proprietor of any premises licensed by the Alcoholic Beverage Commission for the on-premises or off-premises sale of alcoholic beverages shall post signs in compliance with the requirements and specifications of subsection B of this section on each exterior wall of the licensed premises that faces a vehicle parking lot, to read as follows:

WARNING

It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060.

B. The sign required by subsection A of this section shall be a minimum of eighteen inches in width and twenty-four inches in height, with black lettering at least one inch in height against a white background. One sign shall be posted for each fifty-foot portion of each facing wall. The bottom of the sign shall be at least five feet above the surface of the parking area. The chief of police may allow a variance from the height and separation requirements when necessary due to site conditions.

C. The sign required by subsection B of this section is exempt from the sign regulations of Title 18 of the National City Municipal Code.

D. Any ABC licensee who posts a sign under the provisions of Business and Professions Code Section 25612.5(C) shall be exempt from the provisions of subsection A of this section.

(Ord. 2186 § 2 (part), 2001)

Violation of Sections 10.30.030, 10.30.050 or 10.30.060 is a misdemeanor. Violation of any other mandatory provision of this chapter is an infraction for a first violation, or for a second violation occurring within thirty days of the first violation; otherwise, a second or subsequent violation shall be charged as a misdemeanor. Any violation shall carry the penalty prescribed by Section 1.20.010 of this code.

(Ord. 2186 § 2 (part), 2001)