Rancho Santa Margarita Municipal Code Ch. 6.02 Alcoholic Beverage Consumption in Public Places

The drinking of any intoxicating liquor or any fermented malt beverage, unless specifically permitted by the prior written approval of the City, shall be prohibited:

(1) On any street, roadway, boulevard, alley, parking lot, sidewalk, public way, or public place in the City;

(2) In the public parking, loading, and access areas of any commercial shopping center;

(3) On any grounds owned by or under the control of a public school district or public park district within the City, or within a distance of 300 feet from any exterior boundary of such grounds, except on private residential property or within a properly licensed commercial establishment;

(4) Within any public park, public place, recreation and park district, regional park, open-space district, recreation facility, or recreational area owned and/or operated by the City, county, or any public agency. This section shall not apply where the possession is within premises located in a park or other public place for which a license has been issued pursuant to Business and Professions Code Div. 9, § 23000 et seq.); and

(Ord. No. 00-24, § 1(4.10.010), 9-7-2000)

No person shall drink any intoxicating liquor, or any fermented malt beverage, upon greenbelt areas, common walkways, common driveways, and common streets owned or controlled by a homeowner's association where:

(1) The homeowner's association has requested in writing that the City extend its drinking prohibition upon the homeowner's association's property; and

(2) The homeowner's association has posted on the property a notice in substantially the following form:

"Drinking of liquors, beers, or other fermented beverages on this property, specifically greenbelt areas, common walkways, common driveways, and common streets is prohibited and subject to criminal prosecution and a fine."

(Ord. No. 00-24, § 1(4.10.020), 9-7-2000)

(a) All retail package off-sale alcoholic beverage licensees licensed pursuant to Business and Professions Code Div. 9, § 23000 et seq.) shall post on the premises, including an adjacent parking lot, a notice in substantially the following form:

"Possession of unsealed or open containers of ALCOHOLIC BEVERAGES in this parking area or any public street or sidewalk is prohibited, and is subject to criminal prosecution and a fine."

(b) Posting of such notice must be clearly visible to the patrons of the licensee and parking lot and to persons on the public sidewalk. The posting shall consist of a wall sign that does not exceed two square feet in size and contains substantially the language set forth above.

(c) The provisions of this section do not apply to a private residential parking lot which is immediately adjacent to the posted premises.

(Ord. No. 00-24, § 1(4.10.030), 9-7-2000)

(a) No person who has in his or her possession any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or whose seal has been broken, or the contents of which have been partially removed, shall enter, be on, 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, § 23000, or on any public sidewalk immediately adjacent to the licensed and posted premises.

(b) The provisions of this section do not apply to a private residential parking lot which is immediately adjacent to the posted premises.

(Ord. No. 00-24, § 1(4.10.040), 9-7-2000)