Pomona Municipal Code § 34-154 Preemption by state law

Footnotes:

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Editor's note— Ord. No. 4120, § 1, adopted May 18, 2009, amended §§ 34-151, 34-152 in its entirety to read as herein set out in Div. 1. Former Div. 1, §§ 34-151, 34-152, pertained to drinking alcoholic beverages in public places and possession of opened alcoholic beverage containers on certain posted premises, and derived from Code 1959, §§ 16-2, 16-3, 16-31; Ord. No. 908, §§ 300, 301; Ord. No. 1321; Ord. No. 3211, § 1.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section:

Alcoholic beverage means and 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.

ABC means the Department of Alcoholic Beverage Control for the State of California.

Open container means any bottle, can, jug, box or other receptacle which is open or has been opened and contains any alcoholic beverage.

City means the City of Pomona.

City buildings means structures or buildings owned, leased or controlled by the City of Pomona.

Public property means any property owned or controlled by the City of Pomona, including but not limited to, a street, bike path, alley, parking lot, or public park.

(Ord. No. 4120, § 1, 5-18-2009)

Any person who drinks any alcoholic beverage in any public place is guilty of a misdemeanor, unless expressly permitted pursuant to the terms of a license issued by the ABC or unless otherwise permitted by this Code.

(Ord. No. 4120, § 1, 5-18-2009)

(a) It is unlawful for any person to possess an open container of any alcoholic beverage in a city building or on public property in the city, unless expressly permitted pursuant to the terms of a license issued by the ABC or unless otherwise permitted by this Code. Any person convicted of a violation of this section shall be guilty of an infraction.

(b) No person who has in his possession an open container of any alcoholic beverage shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Business and Professions Code div. 9 (Business and Professions Code § 23000 et seq.) or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating this section shall be guilty of an infraction.

(1) As used in subsection (b) of this section, the term "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, 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 subsection (b) of this section and Penal Code § 647e(a) are applicable.

(2) Each retail package off-sale alcoholic beverage licensee in the city shall post notice on its premises substantially providing as follows:

"NOTICE: POSSESSION OF OPENED ALCOHOLIC BEVERAGE CONTAINERS ON THESE PREMISES IS PROHIBITED BY LAW. CAL. PENAL CODE § 647E. POMONA CITY CODE SECTION 34-153."

The number, size, design and location of such notices shall be subject to the approval of the chief of police. If a licensee fails to post notice as directed by the chief of police after 30 days' written notice to do so, the premises shall be deemed to be a public nuisance.

(3) Except as provided in subsection (b)(4) of this section, the owner or possessor of any property open to the public, other than a retail package off-sale alcoholic beverage establishment, may cause the property to be posted with the notice described in subsection (b)(2) of this section. Upon such posting, subsection (b) of this section shall apply to the property, notwithstanding the fact that the property is not occupied by a retail package off-sale alcoholic beverage licensee.

(4) This section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises.

(Ord. No. 4120, § 1, 5-18-2009)

This division shall not be construed or interpreted as applicable to any act or acts regulated by state law, but shall be limited to permitted subject of local regulation not preempted by state law.

(Ord. No. 4120, § 1, 5-18-2009)