San Rafael Municipal Code Ch. 8.18 Alcoholic Beverages

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

A. Alcoholic Beverage. The term "alcoholic beverage" means alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, liquor, 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.

B. Consumption of Alcoholic Beverages. The phrase "consumption of alcoholic beverages" and/or the phrase "consume an alcoholic beverage" means the drinking or other ingestion of an alcoholic beverage.

C. Open Container of an Alcoholic Beverage. The phrase "open container of an alcoholic beverage" means a bottle, can, glass, jug, box, or other container of any type which contains an alcoholic beverage, and that is either (1) an original container for that alcoholic beverage that has been opened or has had a seal broken or has had the contents partially removed, or (2) a substitute container for that alcoholic beverage into which the alcoholic beverage has been placed.

D. Open and Accessible to the Public. The phrase "open and accessible to the public" means open and available for members of the public to enter for some legitimate purpose. A secured, locked or completely enclosed area is not open and accessible to the public.

E. Private Landscaped Areas and Landscaped Areas. The phrases "landscaped area" and "private landscaped area" means areas of vegetation, rock, ornamentation or other artifact adjacent either to public streets and sidewalks, or to private parking lots, and located on private property used for commercial purposes or for residential purposes and containing three (3) or more units.

F. Parking Lots. The phrase "parking lots" includes adjacent carports, passageways and staircases which are open and accessible to the public.

(Ord. 1738 § 2 (part), 1999).

(Ord. No. 1906, § 1, 8-6-2012)

A. Prohibited Conduct. It shall be unlawful for any person to 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 Division 9 (Section 23000 et seq.) of the Business and Professions Code, who possesses an open container of an alcoholic beverage.

B. "Posted Premises" Defined. As used in subsection A of this section, "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, and the parking lot immediately adjacent to the licensed premises, on which visible signs indicate to the patrons of the licensee and to persons in the adjacent parking lot that the provisions of subsection A are applicable. This section can only be enforced on premises which have been posted with such signs.

C. Posting of Signs Required. All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business and Professions Code to operate in the city shall post such licensed premises with permanent signs which include language stating that possession of any opened alcoholic beverage container in or outside the licensee's premises, including the adjacent parking lot, is prohibited by law. Signs required to be posted pursuant to this section must be clearly visible to: (1) patrons of the licensees, and (2) persons using the parking lot immediately adjacent to the licensed premises. It shall be unlawful for any licensee to fail to acquire, post and maintain signs pursuant to this provision.

(Ord. 1738, § 2(part), 1999).

(Ord. No. 1906, § 2, 8-6-2012)

A. Prohibited Conduct. It shall be unlawful for any person to consume an alcoholic beverage or to possess an open container of an alcoholic beverage in or upon any city park, open space, playground, recreation area, or other public place, including, but not limited to, the grounds of city hall, the Falkirk Mansion, any community center, or any city street, sidewalk, pathway, lane, alley, parking lot, garage, parking structure, plaza, or other city-owned, leased or controlled public property.

B. Exceptions. This section shall not apply where the person's consumption of an alcoholic beverage or possession of an open container of an alcoholic beverage occurs in any city park or other public place for which the city has issued a permit or license to such person or to a group which includes such person, that permits such consumption or possession.

(Ord. 1738, § 2(part), 1999).

(Ord. No. 1906, § 3, 8-6-2012)

Editor's note— Sec. 4 of Ord. No. 1906, adopted Aug. 6, 2012, deleted § 8.18.040 which pertained to consumption of alcoholic beverages on public property and derived from Ord. 1738, 1999.

A. It is unlawful for any person to consume an alcoholic beverage or to possess an open container of an alcoholic beverage:

1. In or on parking lots located on private property used for commercial purposes, that is open and accessible to the public.

2. In or on parking lots located on private property containing three (3) or more residential units, that is open and accessible to the public.

3. In or on landscaped areas located on private property adjacent to parking lots described in subsections A.1. and 2. of this section, or adjacent to any city-owned, leased or controlled public property described in Section 8.18.030.A., that is open and accessible to the public.

B. This section shall not be effective unless the property owners of particular private parking lots and landscaped areas post the premises with signs prohibiting the consumption of an alcoholic beverage or the possession of any open container of an alcoholic beverage pursuant to this section. The signs shall set forth the prohibition in substantially the following form:

"Consumption of an alcoholic beverage or possession of an open container of an alcoholic beverage is prohibited in this parking lot, or in or upon landscaped areas adjacent to this parking lot, or adjacent to any City sidewalk, street or other public property. San Rafael Municipal Code Section 8.18.050."

C. The signs must be clearly visible to (1) persons coming onto the premises, (2) persons using the parking lot, and (3) persons on the city sidewalk, street or other public property immediately adjacent to the parking lot or the landscaped area. The signs shall be in a form prescribed by the police chief and shall be no smaller than seventeen inches (17") by twenty-two inches (22") in size, shall contain lettering at least one inch (1") in height, and shall be mounted so that the lower edge of the sign is at least four feet (4'), and the top edge does not exceed seven feet (7'), above the ground. The property owners shall have sole responsibility for the construction and maintenance of such signs.

D. Exceptions.

1. This section shall not apply to parking lots or landscaped areas which are not posted with signs pursuant to this section.

2. This section shall not apply to persons or groups who have obtained written permission of the property owner to consume alcoholic beverages on parking lots and landscaped areas.

(Ord. 1738, § 2(part), 1999).

(Ord. No. 1906, § 5, 8-6-2012)