Richmond Municipal Code Ch. 11.04 Alcoholic Beverages

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section unless the context specifically indicates otherwise:

(a) "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

(b) "Consumption" means and includes drinking, swallowing, sipping, snorting and imbibing.

(c) "Open bottle, can or other receptacle" means any receptacle containing an alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially or substantially removed.

(d) "Posted commercial lots" means those commercial lots within the City of Richmond upon which clearly visible notices indicate that the consumption of alcoholic beverages thereon is prohibited.

(e) "Posted premises" means those premises which are subject to licensing 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 provided that the premises are posted with clearly visible notices which indicate to the patrons of the licensed premises and parking lot, and to persons on the public sidewalk, that the provisions of this chapter are applicable.

Except as provided in Section 11.04.040, it shall be unlawful and a misdemeanor for any person to consume, drink, exhibit or possess an open container of any alcoholic or intoxicating beverage in any quantity in the following public places, places open to the public and places open to public view:

(1) On any public street, sidewalk, alley, way, parkway, public parking lot, public park or recreation area within the City;

(2) On the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee;

(3) On other private property open to the public, including but not limited to parking lots and shopping centers, where the sale of alcoholic beverages has not been licensed; and

(4) On a private drive, stairway, doorway, or other private property open to public view without the express permission of the owner, his or her agent, or the person in lawful possession thereof.

(Ord. No. 31-09 N.S., § 1, 10-6-2009)

Each owner/operator of a retail package off-sale alcoholic beverage business premises within the City and each owner of a parking lot immediately adjacent to such business premises shall respectively post the business premises, the parking lot or the sidewalk with a sign approved by the Chief of Police or by the designee of the Chief of Police. The sign shall indicate that possession of an open container or consumption of alcohol within the lot is a violation of Section 11.04.020 of this Code.

(Ord. No. 31-09 N.S., § 1, 10-6-2009)

The provisions of Section 11.04.020 shall not apply to the consumption, drinking, exhibition, or possession of an open container of alcoholic or intoxicating beverages in a public park, recreation area, or public right-of-way (including streets, sidewalks, and alleys) under one or more of the following conditions:

(1) Where the sale of alcoholic beverages has been approved or licensed for the public park, recreation area, or public right-of-way by both the California Department of Alcoholic Beverage Control and the City of Richmond;

(2) Where, at least 24 hours before using the park or recreation area, a written permit to possess alcoholic or intoxicating beverages in a specific public park or recreation area has been obtained from the City and the fee established by the resolution establishing fees and charges for various municipal services of the City for said permit has been paid;

(3) The use or activity in the park, recreation area, or public right-of-way is a temporary event sponsored or authorized by the City; or

(4) The use or activity is conducted in conjunction with and adjacent to a licensed business, and in accordance with all conditions of approval of a conditional use permit approved by the Planning Commission and a valid encroachment permit issued by the Engineering Division of the City of Richmond.

(Source: Ord. No. 768; amended by Ordinance No. 38-93 N.S.)

(Ord. No. 31-09 N.S., § 1, 10-6-2009; Ord. No. 25-10 N.S., § 1, 8-2-2010)

Editor's note— Ord. No. 31-09 N.S., § 1, adopted Oct. 6, 2009, repealed § 11.04.050, which pertained to posting of premises required, and derived from Ord. No. 768; amended by Ord. No. 38-93 N.S.