Chapter 9.04 — ALCOHOLIC BEVERAGES

(a) It shall be unlawful for any person to consume any alcoholic beverage upon any street, sidewalk, highway or alley except as may be authorized by City Council.

(b) Notwithstanding subsection (a) of this section, alcoholic beverages may be consumed in a city-owned or controlled right-of- way by patrons within legally permitted eating establishment seating areas in accordance with, and subject to a conditional use permit issued pursuant to § 18.76.010 of this code.

(c) Notwithstanding subsection (a) of this section, alcoholic beverages may be consumed in a city-owned or controlled right-of-way when duly permitted within an entertainment zone and in full compliance with Chapter 9.05 (Entertainment Zones) and all applicable regulations, and permit and license conditions.

(Ord. 4991 § 1, 2008: Ord. 4051 § 1, 1991: Ord. 3364 § 1 (part), 1982: Ord. 5698 § 3, 2026)

(a) Except as provided in subsection (b) of this section, it shall be unlawful for any person to consume any alcoholic beverage in or upon any of the following listed city-owned, operated or controlled parking lots or garages:

Lot Location

(1) Lot J University & Hamilton/Cowper & Webster

(2) Lot H University & Hamilton/Waverly & Cowper

(3) Lot D University & Hamilton/Waverly & Gilman

(4) Lot N University & Hamilton/Ramona & Emerson

(5) Lot P University & Hamilton/Emerson & High

(6) Lot R University & Hamilton/High & Alma

(7) Lot T University & Lytton/Kipling & Waverly

(8) Lot F University & Lytton/Waverly & Florence

(9) Lot S University & Lytton/Florence & Bryant

(10) Lot C University & Lytton/Bryant & Ramona

(11) Lot A University & Lytton/Ramona & Emerson

(12) Lot O University & Lytton/Emerson & High

(13) Lot Q University & Lytton/High & Alma

(14) Lot K (2) Lytton & Everett/Waverly & Bryant

(15) Lot G Hamilton & Forest/Waverly & Gilman

(16) Lot E Hamilton & Forest/Gilman & Bryant

(17) Lot CC (Civic Center) Hamilton & Forest/Bryant & Ramona

(18) Library Lot Forest & Homer/Bryant & Ramona

(19) Lot C-1 Cambridge & College/Park & Birch

(20) Lot C-2 Cambridge & College/Birch & Ash

(21) Lot C-3 Cambridge & California/Park & Birch

(22) Lot C-9 Cambridge & California/Birch & Ash

(23) Lot C-4 Cambridge & California/Birch & Ash

(24) Lot C-5 Cambridge & California/Ash & El Camino

(25) Lot C-6 California & Sherman/Park & Birch

(26) Lot C-7 California & Sherman/Birch & Ash

(27) Lot C-8 California & Sherman/Ash & El Camino

(28) Lot Middlefield & Midtown Court/Colorado & Moreno

(29) Lot L Bryant & Lytton

(b) Permits. Notwithstanding subsection (a) of this section, in conjunction with a conditional use permit for a temporary use issued pursuant to Section 18.88.200, the zoning administrator or his designee may grant to any Palo Alto resident, business entity, or organization doing business in Palo Alto an authorization for consumption of alcoholic beverages in and upon the following parking lots or garages: Lot D, Lot P, Lot R, Lot S, Lot N, Lot O, Lot Q, Lot C-4, Lot C-5, and Lot C-8. No authorization for consumption of alcoholic beverages hereunder shall be granted for or shall be effective during any days or hours other than Monday, Tuesday, Wednesday, Friday and Saturday six p.m. to eleven p.m., and Sunday ten a.m. to eleven p.m. No such authorization shall be granted if the zoning administrator determines it would interfere with normal operations or usage of said parking lot. The zoning administrator may require applicant to furnish any information necessary to review and consider the application and shall require applicant to provide insurance naming the city of Palo Alto as an additional insured party to the policy with minimum coverage as required by city as a condition to issuance of such permit. The applicable fee shall be that set forth in the municipal fee schedule for conditional use permits for a temporary use.

(Ord. 4826 § 7, 2004: Ord. 4642 § 9, 2000: Ord. 4051 § 2, 1991: Ord. 3379 § 1, 1982: Ord. 3364 § 1 (part), 1982)

(a) It shall be unlawful for 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, to enter, remain, or be on the posted premises of any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the California Business and Professions Code.

(b) As used in subsection (a), "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license as well as the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk that the provisions of subdivision (a) are applicable.

(c) The owner and each operator of the posted premises shall post prominent signs warning patrons of the prohibitions against possession of open containers of alcoholic beverage prescribed in this ordinance; such signs shall be posted prominently at each entry and at each exit to the posted premises, in any immediately adjacent parking lot, and on the frontage of the posted premises immediately adjacent to any public sidewalk adjacent to the posted premises.

(d) Violations of any provision of this section shall be punishable as an infraction.

(Ord. 4358 § 2, 1996)

(a) Definitions. For the purposes of this section, the following words have the following meanings:

(1) "Juvenile" means any minor child under the age of eighteen years of age.

(2) "Minor" means any person under the age of twenty-one years of age.

(3) "Gathering or event" means a group of four or more persons who have assembled or are assembling for a social occasion or a social activity.

(4) "Persons responsible for the event" means and includes, but is not limited to:

(A) The person who owns, rents, leases or otherwise has control of the premises where the gathering or event takes place; provided that the term "person" shall not include the owner of the premises where the owner leases or rents the premises to a third party and has no actual knowledge that the gathering or event in question will take place on the premises.

(B) The person in charge of the premises.

(C) The person who organized the event and/or the host of the event.

(b) No person under the age of twenty-one years shall consume or have in his/her possession or control any alcoholic beverage at any place not open to the public, unless that person is being supervised by his/her parent or legal guardian.

(c) Except as permitted by Article I, Section 4, of the California Constitution, and the Alcoholic Beverage Control Act (California Business and Professions Code Sections 23000 et seq.), no person shall suffer, permit, allow or host a gathering or event at his/her place of residence or other private property, place or premises under his/her control where persons under the age of twenty-one are present and alcoholic beverages are in the possession of, or are being consumed by, any person under the age of twenty-one years in violation of subdivision (b) of this section.

(Ord. 4981 § 1, 2007)