Selma Municipal Code Ch. 20 Alcoholic Beverages

Whenever in this chapter the following terms are used, they shall have the meanings respectively described to them:

ALLEY: Every way set apart for public travel except streets.

SIDEWALK: That portion of a street between the curb lines and the adjacent property lines set aside for pedestrian travel.

STREET OR HIGHWAY: A way or place, of whatever nature, publicly maintained for purposes of vehicular traffic. (Ord. 93-8, 10-4-1993, eff. 11-4-1993)

It is unlawful for any person to have in his possession or on his person any bottle, glass, can or other receptacle containing any alcoholic beverage including wine or beer, which has been opened or a seal broken or the contents of which have been partially removed, on any street, highway, alley or sidewalk within the city. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the state. (Ord. 93-8, 10-4-1993, eff. 11-4-1993)

It is unlawful for any person to consume any alcoholic beverages, as defined in the California Business And Professions Code: a) upon any public place; b) while on private property opened to public view without the express permission of the owner, his agent, or the person in lawful possession thereof. This section shall not be construed or interpreted as applicable to any act or acts prohibited or punishable by state law, but shall be limited to permitted subjects of local regulation not preempted by state law.

For purposes of this section only, "public place" shall mean any alley, street, highway, sidewalk, park, parkway, city parking lot, playground, school grounds, bus station, or in any place on public property opened to the general public, which place is not licensed for the consumption of such alcohol on the premises. (Ord. 93-8, 10-4-1993, eff. 11-4-1993)

No person shall have in his or her possession, or consume any beer, wine, or other intoxicating beverage on the grounds of Pioneer Village or in any of the structures therein, unless such possession and/or consumption is in conjunction with a public or private event, gathering, or function approved for the consumption of alcohol by the Community Services Director by application and rental or use agreement. Any event, gathering, or function that involves the consumption of alcohol must obtain a day license from the California Department of Alcoholic Beverage Control and shall be subject to all rules and regulations of Pioneer Village. The Community Services Director and Chief of Police may impose conditions on any event, gathering, or function that involves the consumption of alcohol to protect the public health and safety. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the state. (Ord. 93-8, 10-4-1993, eff. 11-4-1993; amd. Ord. 2021-1, 7-6-2021)

The city of Selma or a nonprofit corporation duly organized and existing for the purpose of soliciting funds, donations, grants, and/or charitable contributions for the improvement or operation of the Selma Arts Center, or for promoting the activities or functions to be carried on at the Selma Arts Center, or for any other reason related to the operation of the Selma Arts Center, shall be permitted to sponsor, conduct and hold events, gatherings and functions that involve the possession, consumption or service for consumption of alcoholic beverages on the premises of the Selma Arts Center or any adjacent or accessible sidewalk, street, alley, or city owned parking lot or other public property owned by the city of Selma that would otherwise be prohibited by this chapter. The chief of police may impose any condition deemed necessary to protect the public health and safety including, but not limited to, the establishment of appropriate barricades, safety controls or establishment and implementation of any regulation deemed necessary to protect the public health and safety. (Ord. 2013-1, 2-19-2013)