Chapter 4.3 — OPEN ALCOHOLIC BEVERAGES

§ 4.3.002. Purpose; Authorization.¶

The purpose of this section is to regulate the possession of an open container of alcoholic beverage at certain premises in the City. This section is adopted under the authority of Penal Code Section647e.

§ 4.3.004. Definitions.¶

The following terms used this section shall have the following meanings.

a. "Open container" means a bottle, can, or other receptacle that is open, has been opened, the seal of which has been broken, or the contents of which have been partially removed.
b. "Premises from which alcoholic beverages are sold for off-site consumption" means the posted premises of a retail package off-sale alcoholic beverage licensee licensed under the Alcoholic Beverage Control Act, Business and Professions Code Sections 23000 et seq., and any immediately adjacent public sidewalk or posted parking lot.

§ 4.3.006. Prohibited Acts.¶

No person possessing an open container of any alcoholic beverage shall enter, be, or remain on premises from which alcoholic beverages are sold for off-site consumption, or on any adjacent sidewalk or parking lot, if such premises are posted as provided in Section 4.3.010.

§ 4.3.008. Prohibited Activity.¶

a. No person shall consume, drink, exhibit, or possess an open container of any alcoholic beverage in any quantity on any public street, avenue, boulevard, sidewalk, way, alley, thoroughfare, public parking lot or private parking lot open to the public, park, playground, or other public facility within the City of Oakley.
b. No person shall consume, drink, exhibit or possess an open container of any alcoholic beverage within 15 feet of any public way or thoroughfare while on a private driveway, stairway, doorway, or other private property open to public view without the express or implied permission of the owner, his/her agent, or the person in lawful possession thereof except as provided in Section 4.3.012.

§ 4.3.010. Posting of Premises.¶

a. The premises from which alcoholic beverages are sold for off-site con-sumption and any immediately adjacent parking lot may be posted with clearly visible signs indicating that possession of an open container of alcohol is prohibited on those premises. Each sign shall read substantially as follows: Possession of an open container of alcohol is prohibited on these premises. Oakley Municipal Code Title 4, Chapter 3.
b. No premises shall be deemed to be in compliance with this subsection without the prior approval of the Chief of the Oakley Police Department regarding the size, form, location, and number of signs.

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City of Oakley, CA § 4.3.012

OAKLEY CODE

§ 4.3.016

§ 4.3.012. Exceptions.¶

Section 4.3.010 shall not apply to those areas and during such time as the Chief of Police has issued a permit for temporary use and occupancy of public streets, parks, or other public facilities and appurtenant areas for the consumption of alcoholic beverages.

§ 4.3.014. Penalties.¶

Any person who is convicted of a violation of any provision of this chapter is guilty of an infraction and shall be punished as provided in Chapter 1.5 of this Code.

§ 4.3.016. Rights of the City Not Impaired.¶

Nothing in this section shall affect the City’s right to regulate the possession of an opened alcoholic beverage in a public place or in a place open to the public.

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.3.016

CHAPTER 4.4 (RESERVED)

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.5.002

§ 4.5.006