Truckee Municipal Code Ch. 9.18 Intoxicating Liquor, Possession, Consumption, Etc., in Public Places…

As used in the Chapter, the following term shall be ascribed the following meaning: "Intoxicating liquor" is defined as any liquor defined by the Liquor Control Act of the state as intoxicating.

(a) No person shall have in his possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, or consume any intoxicating liquor while upon any public street, sidewalk, alley, or public parking lot or area within the town, or upon any public or private parking lot or area open to the public, or in a place where the public is likely to congregate, and where alcohol is not legally offered for sale; or have in his possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, or consume any intoxicating liquor while being in an automobile, or any other motor driven vehicle, upon any public street, alley, parkway, or other public parking lot or area, or private parking lot or area open to the public either with or without compensation within the town.

(b) Except as otherwise provided by the California Business and Professional Code, no person under the age of 21 years shall consume or have in his/her possession any bottle, can or other receptacle containing any alcoholic beverage in any place where alcoholic beverages are provided or consumed. The provider's age or relationship to the violator shall not be a defense.

EXCEPTIONS:

(a) Special Events.

The enforcement of this section may be suspended as to any location upon application of any organization for a period not exceeding twelve (12) hours when the suspension is in conjunction with a special event (a special event is defined as one which is conducted for the benefit of the local community and includes, but is not limited to, street dances, concerts, fairs and art shows) organized by the organization and which meets the following criteria:

1. Has a security plan for the control of those individuals consuming alcohol, which plan shall be submitted to and approved by the Town of Truckee Police Department.

2. Shall be limited to a single special event.

3. Any permit issued hereunder shall specify that alcoholic beverages shall be consumed only out of plastic or paper cups, and shall prohibit the consumption of such beverages from glass bottles or metal cans.

4. Payment of a processing fee as determined and established by Town Council resolution.

5. A clean-up plan to be approved, in advance, by the Town Department of Public Works and shall require a cleaning deposit as determined by the Director of Public Works.

(b) Government Agency Exemption.

This ordinance shall not apply to the property of any government agency which requests an exemption in writing from these provisions.

Violation of this chapter shall be an infraction, punishable by fine as established by the court.

(ORD 2005-08 10-20-05)