Rialto Municipal Code Ch. 9.34 Alcoholic Beverages in Public Places

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Editor's note— Ord. No. 1500, § 1, adopted February 28, 2012, repealed the former Chapter 9.34, §§ 9.34.010—9.34.050, and § 2 of Ord. No. 1500 enacted a new Chapter 9.34 as set out herein. The former Chapter 9.34 pertained to alcoholic beverages and derived from 1965 code Title XI, Ch. 4, §§ 10(A)—10(D) and 10(F) and Ord. No. 1244, 1996.

For statutory provisions regulating, inter alia, the consumption of intoxicating beverages on public school grounds, see Bus. & Prof. Code § 25806; for the provisions prohibiting public intoxication, see Penal Code § 647.

"Alcoholic beverage" when used in this chapter means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half 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.

(Ord. No. 1500, § 2, 2-28-12)

A. Possession of Open Container Unlawful in Public Places. It is a misdemeanor for any person to possess an open container containing any alcoholic beverage in or upon any public park, street, alley, highway or other public place, except in or upon those public places where the drinking or consumption of alcoholic beverages is expressly permitted by law.

B. Consumption of Alcoholic Beverages Unlawful in Public Places. It is a misdemeanor for any person to drink or consume or attempt to drink or consume any alcoholic beverage while such person is in or upon any public park, street, alley, highway or other public place, except in or upon those public places where the drinking or consumption of alcoholic beverages is expressly permitted by law.

C. Offering or Furnishing Alcoholic Beverages for Consumption Unlawful in Public Places. It is a misdemeanor for any person while in or upon any public park, street, alley, highway or other public place, except in or upon those public places where the drinking or consuming of alcoholic beverages is expressly permitted by law, to offer or furnish or give, or cause to be offered or furnished or given, any alcoholic beverage to any other person with the intention that such other person shall drink or consume the alcoholic beverage while such other person is in or upon any public park, street, alley, highway or other public place, except in or upon those public places where the drinking or consumption of alcoholic beverages is expressly permitted by law.

D. Exceptions to Public Consumption. The drinking or consumption and the possession, transportation, exhibition, display, offering, giving, or furnishing of alcoholic beverages may be expressly permitted by written authorization from the city administrator in any building, facility, park, street or other place owned, leased, operated or under the management and control of the city for special events, meetings, conferences, or conventions, provided that such authorization shall be requested in writing and if granted, shall be subject to conditions and to all rules, regulations, and ordinances of the city and of the state of California, and further provided that such permit may be modified or summarily revoked at any time by the city administrator or the chief of police without notice or hearing.

(Ord. No. 1500, § 2, 2-28-12)

It is a misdemeanor for any person to offer, give, or furnish or cause to be offered or given or furnished any alcoholic beverage to any other person while such person is in or upon any public park, city hall, or other property devoted to a municipal use, except in accordance with Section 9.34.020.

(Ord. No. 1500, § 2, 2-28-12)

It is an infraction for any person to possess, transport, exhibit, or display any alcoholic beverages while such person is in or upon any public park, city hall, or other property devoted to a municipal use, except in accordance with Section 9.34.020.

(Ord. No. 1500, § 2, 2-28-12)