Oceanside Municipal Code Art. IV Alcoholic Beverages

Footnotes:

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Note— See the editor's note at Ch. 20.

(a) Except as provided in subsection (c), no person shall consume any beer, wine or other alcoholic beverage in any of the following areas:

(1) Any sidewalk, alley, street or highway within the City of Oceanside.

(2) Any lot designated for public parking within the City of Oceanside.

(3) The Municipal Pier as defined in chapter 18 except for the restaurant and lounge located at the pier's western end.

(4) Oceanside Beach as defined in chapter 19.

(5) The Stand and those walkways and sidewalks immediately adjacent thereto.

(6) Pier Plaza Area hereby defined and declared to be that portion of the City of Oceanside bounded to the west by the Oceanside Beach, bounded to the east by the westerly curb line of Pacific Street, bounded to the south by the northerly curb line of Seagaze Drive, and bounded to the north by a line extended east and west from the northern edge of the Beach Community Center Parking Lot.

(7) Tyson Street Park located immediately east of The Strand and west of Pacific Street at the Tyson Street intersection.

(8) Strand Beach Park located at the southeast corner of The Strand and Seagaze Drive.

(9) Rotary Park located at Pierview Way and Myers Street in the City of Oceanside.

(10) Santa Fe Park located at Pierview Way and Cleveland Street in the City of Oceanside.

(11) Buddy Todd Park located on Mesa Drive between Barnwell and Todd Streets in the City of Oceanside.

(12) Libby Lake Park located at Calle Montecito and Calle Las Positas Drive in the City of Oceanside.

(13) Any outdoor area within Balderrama Park located at San Diego Street and Bush Street in the City of Oceanside.

(14) Buccaneer Park located at 1506 South Pacific Street in the City of Oceanside.

(15) John Landes Park located at 2855 Cedar Road in the City of Oceanside.

(16) Cesar Chavez Park located at 1200 Division Street in the City of Oceanside.

(17) Fireside Park located at Fireside Street and Parkside Drive in the City of Oceanside.

(18) Any property owned by the Oceanside Community Development Commission unless the commission has formally consented to the consumption of alcoholic beverages on the property.

(b) Alcoholic beverages as used in this section includes alcohol, spirits, wine or beer and which contains one-half of one (0.5) percent or more of alcohol by volume, and which is fit for beverage purposes, either alone or when distilled, mixed or combined with other substance.

(c) Any of the prohibitions set forth in this section may be waived by the city's special events committee or city council as provided in chapter 30A.

(Ord. No. 76-19, § 1, 4-21-76; Ord. No. 76-26, § 1, 6-9-76; Ord. No. 79-20, § 1, 6-13-79; Ord. No. 80-39, § 1, 10-8-80; Ord. No. 82-30, § 1, 7-14-82; Ord. No. 82-39, § 1, 8-25-82; Ord. No. 85-01, § 1, 1-23-85; Ord. No. 85-31, § 1, 11-13-85; Ord. No. 88-32, § 1, 9-28-88; Ord. No. 90-13, §§ 1, 2, 3-28-90; Ord. No. 93-19, § 3, 10-13-93; Ord. No. 93-19, § 10, 10-13-93; Ord. No. 99-11, § 1, 5-5-99; Ord. No. 03-OR643-1, § 1, 10-15-03; Ord. No. 04-OR535-1, § 1, 8-4-04; Ord. No. 08-OR0333-1, § 1, 5-21-08)

Any person under the age of twenty-one (21) years who, in the city, offers to purchase in the city any alcoholic beverage is guilty of a misdemeanor.

(Ord. Code, § 4152; Ord. No. 93-19, § 3, 10-13-93)

Any person under the age of twenty-one (21) years who, in the city, attempts in any manner whatsoever to obtain possession of any alcoholic beverage in the city is guilty of a misdemeanor.

(Ord. Code, § 4153; Ord. No. 93-19, § 3, 10-13-93)

(a) Any person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, and who enters, in on, or remains on the posted premises of, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 of the Business and Professions Code, or any public sidewalk immediately adjacent to the licensed premises is guilty of a misdemeanor.

(b) All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business and Professions Code to operate in the City of Oceanside shall post such licensed premises with notices clearly visible to patrons of the licensee and parking lot and to persons on the public sidewalk that the provisions of subdivision (a) are applicable. Such notices shall include language that states that possession of any opened alcoholic beverage container is prohibited by law. Any licensee who does not so post the licensed premises is guilty of a misdemeanor.

(c) It is unlawful and a misdemeanor for any owner, operator, manager, or licensee of a posted premises to permit any person to remain on the posted premises in violation of subsection (a) of this section under circumstances where the owner, operator, manager, or licensee knows or reasonably should know that a violation of subsection (a) exists.

(d) As used in this section, "posted premises" means those premises which are subject to licensure under any retail off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises which are posted with notices pursuant to subdivision (b).

(e) As used in this section, "parking lot immediately adjacent to the licensed premises" means any parking lot except one described in subdivision (e) which is contiguous to the licensed premises and any parking lot under the control of or operated in conjunction with the licensed premises.

(f) The provisions of this section do not apply to any private residential parking lot immediately adjacent to the posted premises.

(g) The subsections of this section are severable. The invalidity of a subsection shall not affect the validity of the remaining subsections.

(Ord. No. 84-02, § 1, 1-11-84; Ord. No. 93-19, § 3, 10-13-93; Ord. No. 93-19, § 11, 10-13-93)

(a) Any person or entity who owns, operates, manages, leases or rents premises offering wine, beer or other alcoholic beverage for sale, or dispensing such beverages for consideration to the public, shall cause a sign or notice to be permanently posted or displayed on the premises as provided in sections 20.45 though 20.45.3.

(b) The sign discussed in subsection (a) above shall read as follows:

PREGNANCY AND ALCOHOL DO NOT MIX—DRINKING ALCOHOLIC BEVERAGES, INCLUDING WINE AND BEER, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.

(c) Except as specified in section 29.46, or in rules and regulations adopted by the San Diego County Department of Health Services, a sign or notice as required herein shall not be smaller than eight and one-half (8½) inches wide by five and one-half (5½) inches long, nor shall any lettering thereon be less than three-eighths (⅜) inch in height.

(Ord. No. 87-29, § 1, 7-8-87; Ord. No. 93-19, § 3, 10-13-93)

(a) Where the sale or dispensing of wine, beer or other alcoholic beverages to the public is primarily intended for consumption off the premises, at least one sign shall be so placed as to assure that it is conspicuously displayed so as to be readable at all points of purchase.

(b) Where the sale of wine, beer or other alcoholic beverages to the public is primarily intended for consumption on the premises, at least one sign shall be placed to assure that it is conspicuously displayed so as to be readable in each public restroom.

(Ord. No. 87-29, § 1, 7-8-87; Ord. No. 93-19, § 3, 10-13-93)

In the event a substantial number of the public patronizing a premises offering for sale or dispensing wine, beer or other alcoholic beverage uses a language other than English as a primary language, an additional sign or notice as is required by section 20.45 above shall be worded in the primary language or languages involved.

(Ord. No. 87-29, § 1, 7-8-87; Ord. No. 93-19, § 3, 10-13-93)

(a) The San Diego County Deputy Director of Environmental Health Service shall be responsible for the enforcement of compliance with sections 20.45 through 20.45.3. The San Diego County Department of Health Services shall have the authority to adopt reasonable rules and regulations for the implementation of sections 20.45 through 20.45.3, including rules and regulations for alternative signs and placement of required signs.

(b) The San Diego County Department of Health Services shall make warning signs available to vendors of alcoholic beverages. Persons or entities may, however, at their own expense, prepare and post signs meeting the requirement of sections 20.45 through 20.45.3. In no event shall the prescribed language of the warning signs be altered.

(Ord. No. 87-29, § 1, 7-8-87; Ord. No. 93-19, § 3, 10-13-93)