San Bernardino Municipal Code Ch. 9.32 Public Consumption of Alcohol

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALCOHOLIC BEVERAGE. Includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 0.5% or more of alcohol by volume, and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.

PUBLIC PARK, STREET, ALLEY, HIGHWAY or OTHER PUBLIC PLACE. Refers only to those public parks, streets, alleys, highways or other public places within the corporate limits of the city.

(Ord. 1554, passed 10-22-1935; Ord. 3867, passed 9-18-1979)

For purposes of this chapter, any person possessing an open container containing an alcoholic beverage, and having an odor of alcoholic beverage on the person’s breath, is presumed to be drinking or consuming or attempting to drink or consume an alcoholic beverage at the place where such person is located. This presumption is a presumption affecting the burden of producing evidence, as that term is used in the Cal. Evidence Code, §§ 603 and 604.

(Ord. 3867, passed 9-18-1979; Ord. MC-352, passed 3-7-1984)

It is unlawful for any person or persons to drink or consume, or attempt to drink or consume, any alcoholic beverages while such person or persons are 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.

(Ord. 1554, passed 10-22-1935)

It is unlawful for any person or persons 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 beverages to any other person or persons with the intention that such other person or persons shall drink or consume alcoholic beverages while such other person or persons are in or upon any public park, street, alley, highway or other public place, except in or upon these public places where the drinking or consumption of alcoholic beverages is expressly permitted by law.

(Ord. 1554, passed 10-22-1935)

The drinking or consumption and the offering, giving or furnishing of alcoholic beverages may be expressly permitted by written authorization from the City Administrator, or his or her designee, 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 all rules, regulations and ordinances of the city; and further, provided that such permit may be modified or summarily revoked at any time by the Mayor, Council, City Administrator or Chief of Police without notice or hearing.

(Ord. 1554, passed 10-22-1935; Ord. 3265, passed 5-5-1972; Ord. MC-207, passed 9-20-1982)

The violation of any of the provisions of §§ 9.32.020 to 9.32.040 is and constitutes a menace to the safety of the general public, injurious to the health, indecent, offensive to the senses and an obstruction to the use of public property so as to interfere with the comfort and enjoyment of such public property by the entire community and neighborhood and by a considerable number of persons therein.

(Ord. 1554, passed 10-22-1935)

Any person or persons violating any provisions of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. 1554, passed 10-22-1935; Ord. MC-352, passed 3-7-1984; Ord. MC-460, passed 5-15-1985)