Chapter 9.58 — PUBLIC DRINKING AND LIQUOR POSSESSION

No person shall drink, use or consume any alcoholic beverage, as defined in Section 23004 (and related sections) of the Business and Professions Code of the state, upon any public street, sidewalk, highway, road, lane or alley, or in or upon any other publicly owned property which is open to the use or the business of the public at the time, but which place is not licensed for the consumption of such beverage on the premises. The provisions of this section shall not apply, however, to the park and recreation area regulated elsewhere in this code. (Ord. 391 § 1, 1984)

No person shall, in or upon any of the places listed in Section 9.58.010 of this chapter, have in possession any alcoholic beverage defined as in Section 9.58.010 of this chapter contained in any bottle, can or other receptacle, which has been partially removed; provided, that this section shall not apply when the beverage is in possession at the time strictly for the purpose of transporting it, along with other items, briefly and temporarily and directly through a place listed in Section 9.58.010 of this chapter. Further, this section shall not apply to park and recreation area, regulated elsewhere in this code.

(Ord. 391 § 1, 1984)

No person shall do or commit any act prohibited in Section 9.58.010 or 9.58.020 of this chapter when such person is upon privately owned property rather than publicly owned property, which privately owned property is open to the use or patronage of the general public at the time, unless the person doing or committing the act has the express or implied permission or invitation so to do from the owner or lessee or other person in charge of the private property or business premises involved.

(Ord. 391 § 1, 1984)

Sections 9.58.010 and 9.58.020 of this chapter shall not apply to consumption or possession of alcoholic beverages on city-owned property pursuant to any permit, entitlement or other permission issued or given by the city manager, or designee, or city council in connection with the holding of a special event on or at the place or premises where the consumption or possession would otherwise be prohibited, nor shall Section 9.58.010 or 9.58.020 apply with respect to public property owned and controlled by a public entity other than the city if the other public entity has given its express or implied permission or invitation allowing use of the premises for purposes otherwise prohibited in Section 9.58.010 or 9.58.020 of this chapter. (Ord. 391 § 1, 1984; Ord. 1355 § 8, 2020)

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City of Palm Desert, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.68.010

§ 9.68.050