Pasadena Municipal Code Ch. 9.24 Alcoholic Beverages in Public

No person shall drink within the city limits of Pasadena any alcoholic beverage as defined in Section 23004 of the California Business and Professions Code, in or upon:

A. Any street, alley, sidewalk, parkway or any other public right-of-way, except for customers in or upon any sidewalk dining area within the CD-1 (Old Pasadena) or CD-5 (South Lake) subdistricts, as identified in Section 17.33.030 of this code, and as to which sidewalk dining area the abutting property possesses both a valid sidewalk dining occupancy permit pursuant to Chapter 12.13 of this code and a valid on-sale alcoholic beverage license pursuant to Division 9, commencing with Section 23000, of the California Business and Professions Code which includes an expansion of the licensed premises to the dimensions of the sidewalk dining area.

B. Private property which is open to public view without the consent of the owner or person in lawful possession or control of said property.

(Ord. 6523 § 1, 1993; Ord. 5085 § 1.00, 1972)

Any person violating any of the provisions of this chapter is deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00, or by imprisonment for a period of not to exceed 6 months, or both such fine and imprisonment.

(Ord. 5085 § 2.00, 1972)

A. As used in this section, "posted premises" means those premises which must obtain any retail package off-sale alcoholic beverage license pursuant to Division 9, commencing with Section 23000, of the California Business and Professions Code in order to operate lawfully, any parking lot immediately adjacent to such licensed premises or on any public sidewalk immediately adjacent to the licensed premises on which visible notices have been posted indicating that the provisions of this section are applicable to such premises.

B. All retail package off-sale alcoholic beverage establishments shall post in accordance with the provisions of this section their premises and any adjacent parking lot utilized by the establishment to satisfy its parking requirements. Establishments licensed to do business on the effective date of this section shall post within 30 days after the effective date of the ordinance enacting this section. New off-sale liquor establishments starting business after the effective date of this section shall post their premises immediately upon opening for business. The notice to be posted shall read:

IT IS UNLAWFUL TO HAVE AN OPEN BEVERAGE CONTAINING ANY ALCOHOLIC BEVERAGE IN YOUR POSSESSION ON THESE PREMISES. (P.M.C. § 9.24.040)

C. No 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, shall enter, be or remain on the posted premises of any retail, off-sale alcoholic beverage licensee, including the posted parking lot immediately adjacent to or on any public sidewalk immediately adjacent to the licensed and posted premises. This section does not apply to a private residential parking lot which is adjacent to the posted premises.

D. Any person violating any provision of this section is guilty of an infraction.

(Ord. 6994 §§ 2, 3, 2004; Ord. 6181 § 1 (part), 1986)