Pismo Beach Municipal Code Ch. 9.04 Alcoholic Beverage Control Regulations

Whenever in this chapter the following terms are used, they shall have the meaning respectively ascribed to them:

“Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

“Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

“Alley” means every way set apart for public travel except streets, bridle paths, footpaths and the city pier.

“Public place” shall mean any of the following locations that are not licensed for the consumption of alcoholic beverages at such location: alley, street, highway, sidewalk, pier, beaches, park, parkway, parking lot, playground, school grounds, bus station, or any other place, whether on private or public property, to which the general public is invited or to which the general public has access.

“Sidewalk” means that portion of a street between the curblines and the adjacent property lines set aside for pedestrian travel.

“Street or highway” is a way or place, of whatever nature, publicly maintained for purposes of vehicular traffic.

(Ord. O-2015-007 § 2 (part), 2015)

A. It is unlawful for any person to consume any alcoholic beverage upon any public place.

B. It is unlawful for any person to have in his possession or on his person any bottle, glass, can or other receptacle containing any alcoholic beverage, including wine or beer, which has been opened or a seal broken or the contents of which have been partially removed, in any public place within the city.

C. This section shall not be construed or interpreted as applicable to any act or acts prohibited or punishable by state law, but shall be limited to permitted subjects of local regulation not preempted by state law.

D. A violation of this section is an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punished by the fine specified in Municipal Code Chapter 1.20. (Ord. O-2024-001 § 2, 2024: Ord. O-2015-007 § 2 (part), 2015)

A. Notwithstanding the provisions of Section 9.04.020, the city manager or a designee may issue a permit to allow a person or entity to sell, furnish, dispense, serve, and consume alcoholic beverages upon property or in an area that the city owns, controls, or operates—including a public street, sidewalk, alley, park, playground, recreation area, building, or facility—when all of the following conditions are met:

1. The applicant:

a. Provides general liability insurance and liquor liability insurance which:

i. Comply with the city’s insurance requirements; and

ii. The risk manager or city attorney reviews and approves;

b. Obtains all permits, licenses, and authorizations from, and complies with all applicable laws, regulations, and requirements of, the California Department of Alcohol Beverage Control; and

c. Satisfies all other requirements for obtaining the city permit;

2. The proposed activity or use will not unreasonably interfere with or detract from:

a. The general public’s use and enjoyment of the property or area; and

b. The public health, safety, or welfare;

3. The proposed activity or use:

a. Is not reasonably likely to result in violence to persons or property, or serious harm to the public; and

b. Will not entail an extraordinary expense or operation by the city; and

4. The facility desired:

a. Has not been reserved for another activity for the same time and place; and

b. Is capable of accommodating the proposed activity or use.

B. The city manager or a designee may prepare, adopt, amend, repeal, and enforce rules, regulations, or procedures for implementing and administering this section.

(Ord. O-2015-007 § 2 (part), 2015)

No person shall violate any provisions or fail to comply with any of the requirements of this chapter. Except as otherwise provided in Section 9.04.020, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not exceeding six (6) months or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall be punishable accordingly. (Ord. O-2024-001 § 3, 2024: Ord. O-2015-007 § 2 (part), 2015)