Santee Municipal Code Art. 1 Generally

It is the purpose and intent of the City Council through the adoption of this chapter to regulate the possession and consumption of alcoholic beverages pursuant to California Penal Code Section 647e and other applicable laws, in order to protect and promote the health, safety, and general welfare of the community.

(Ord. 560 § 3, 2019)

In this chapter:

"Alcohol"

means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

"Alcoholic beverage"

means alcohol, spirits, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

"Controlled substance"

means a drug or substance whose possession and use are regulated under the Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

"Gathering"

is a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity.

"Guardian"

means:

A person, who under court order, is the guardian of a person of minority age; or

A public or private agency with whom a minor has been placed by the court.

"Minor"

means any person under 21 years of age.

"Parent"

means a person who is a natural parent, adoptive parent or stepparent of another person.

"Posted premises"

means any premises on which the property owner has erected one or more signs clearly visible to persons upon the premises which notify persons that it is unlawful for any person who has in his or her possession any receptacle containing any alcoholic beverage which has been opened, or the seal broken, or the contents of each have been partially removed, to enter on, or remain on the premises designated in the sign.

"Private property"

means property owned by a particular person or group.

"Public property"

means property owned or leased by a public entity.

"Response costs"

are the costs associated with response by law enforcement, fire and other emergency response providers to a gathering, including, but not limited to: (1) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any City equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the enforcement of this chapter.

(Ord. 560 § 3, 2019)

A. It is unlawful and an infraction for any person to enter on, be, or remain on, any public street, sidewalk, alley or public property when in possession of any receptacle which contains any alcoholic beverage and which has been opened, or the seal broken, or the contents of which have been partially removed, except at the following public places: Santee Lakes Regional Park; Santee City parks, except Mast Park as set forth in subsection B of this section and Town Center Community Park as set forth in subsection C of this section; Mission Trails Regional Park; and Buildings 7 and 8 of the Santee Civic Center.

B. It is unlawful and an infraction for any person to enter on, be, or remain on the premises of Mast Park when in possession of any receptacle which contains any alcoholic beverage and which has been opened, or the seal broken, or the contents of which have been partially removed, except as follows: on weekends during all hours at which Mast Park is open to the public as designated by the City Council or the Director of Community Services and at any other times established by the Director of Community Services. For purposes of this subsection, the term "weekend" is defined as between 12:00 a.m. on each Saturday and 12:00 a.m. on each Monday; on any legal holiday(s) designated by the Department of Community Services; and as authorized by a permit issued prior to the occurrence by the Department of Community Services pursuant to its authority to promulgate rules and regulations for the operation of City parks subject to approval of the City Council under Section 8.08.030 of this code.

C. It is unlawful and an infraction for any person to enter on, be, or remain on the premises of Town Center Community Park when in possession of any receptacle which contains any alcoholic beverage and which has been opened, or the seal broken, or the contents of which have been partially removed except as follows: on weekends during all hours at which Town Center Community Park is open to the public as designated by the City Council or the Department of Community Services. For purposes of this subsection, the term "weekend" is defined as between 12:00 a.m. on each Saturday and 12:00 a.m. on each Monday; on any legal holiday(s) designated by the Department of Community Services; and as authorized by a permit issued prior to the occurrence by the Department of Community Services pursuant to its authority to promulgate rules and regulations for the operation of City parks subject to approval of the City Council under Section 8.08.030 of this code.

(Ord. 560 § 3, 2019)

A. It is unlawful and an infraction for any person to be in possession of any receptacle which contains any alcoholic beverage and which has been opened, or the seal broken, or the contents of which have been partially removed to enter, be, or remain on the posted premises of, including the posted parking lot or public sidewalks immediately adjacent to, any retail package off-sale alcoholic beverage licensee.

B. Any premises subject to licensure under any retail package off-sale alcoholic beverage license must be posted with clear, visible notice indicating to the patrons of the licensee and the immediately adjacent parking lot, and to persons on the immediately adjacent sidewalk, that the provisions of the California Penal Code Section 647e(a), as adopted by subsection A of this section are applicable. The posted notice must conform to the sign provisions of this code, must be limited to no more than two faces per sign with no more than four square feet per sign face and must be in the following form:

POSSESSION OF OPENED ALCOHOLIC BEVERAGE CONTAINERS UPON THESE PREMISES IS PROHIBITED SMC CHAPTER 7.22

C. Failure to post the required notice at the licensed premises is a violation of this chapter.

D. This section does not apply to a private, residential parking lot immediately adjacent to those premises to which this section applies.

(Ord. 560 § 3, 2019)

It is unlawful for any person to consume an alcoholic beverage at or on the premises, including the parking lot, of a hotel, motel or other lodging house, except under the following circumstances: (1) in individual hotel rooms used for dwelling, lodging or sleeping purposes, or (2) as authorized by a permit issued pursuant to the Alcoholic Beverage Control Act.

(Ord. 560 § 3, 2019)

A. The owner of any property open to the public may post a sign in accordance with the provisions of Section 7.22.130.

B. It is unlawful and an infraction for any person to enter on, be, or remain on any posted premises when in possession of any receptacle which contains any alcoholic beverage and which has been opened, or the seal broken, or the contents of which have been partially removed.

C. It is unlawful and a misdemeanor for any person to consume alcohol on any premises posted with a sign in accordance with the provisions of Section 7.22.130.

(Ord. 560 § 3, 2019)

A. Unless expressly authorized by the City as part of a special event, it is unlawful and a misdemeanor for any person to consume an alcoholic beverage at or on any public street, sidewalk, alley or public property, except at the following public places: Santee Lakes Regional Park; Santee City parks, except Mast Park as set forth in subsection B of this section and Town Center Community Park as set forth in subsection C of this section; Mission Trails Regional Park; and Buildings 7 and 8 of the Santee Civic Center.

B. It is unlawful and a misdemeanor for any person to consume an alcoholic beverage at or on the premises of Mast Park, except as follows: on weekends during all hours at which Mast Park is open to the public as designated by the City Council or the Director of Community Services and at any other times established by the Director of Community Services. For purposes of this subsection, the term "weekend" is defined as between 12:00 a.m. on each Saturday and 12:00 a.m. on each Monday; on any legal holiday(s) designated by the Department of Community Services; and as authorized by a permit issued prior to the occurrence by the Department of Community Services pursuant to its authority to promulgate rules and regulations for the operation of City parks subject to approval of the City Council under Section 8.08.030 of this code.

C. It is unlawful and a misdemeanor for any person to consume an alcoholic beverage at or on the premises of Town Center Community Park, except as follows: on weekends during all hours at which Town Center Community Park is open to the public as designated by the City Council or the Department of Community Services. For purposes of this subsection, the term "weekend" is defined as between 12:00 a.m. on each Saturday and 12:00 a.m. on each Monday; on any legal holiday(s) designated by the Department of Community Services; and as authorized by a permit issued prior to the occurrence by the Department of Community Services pursuant to its authority to promulgate rules and regulations for the operation of City parks subject to approval of the City Council under Section 8.08.030 of this code.

D. It is unlawful and a misdemeanor for any person to consume an alcoholic beverage at or on the premises of a posted parking lot or public sidewalks immediately adjacent to, any retail package off-sale alcoholic beverage licensee.

(Ord. 560 § 3, 2019)