Chapter 6.44 — OPEN ALCOHOLIC BEVERAGE

CONTAINERS Section 6.44.010 Possession in specified areas— Prohibited. 6.44.020 Possession in specified areas— Parking lots. 6.44.030 Possession in specified areas— Vehicles. 6.44.040 Alcoholic beverage—Defined. 6.44.050 Exception—State law. 6.44.060 Penalties. 6.44.070 Severability.

It shall be unlawful for any person within the City of Tulare to possess any alcoholic beverage in any public place, or to transport any alcoholic beverage upon any public street, sidewalk, pedestrian mall, alleyway or thoroughfare where the alcoholic beverage is in a receptacle which has been opened, the seal of which has been broken or the contents of which has been partially removed. (1995 Code, § 6.44.010)

It shall be unlawful for any person to possess any alcoholic beverage where the alcoholic beverage is in a receptacle which has been opened, the seal of which has been broken or the contents of which have been partially removed, on any parking lot within the City of Tulare associated with or under the control of any business or other premises open to the public where the parking lot has immediate access to a public street. (1995 Code, § 6.44.020)

It shall be unlawful for the registered owner of any vehicle or the driver, if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the motor vehicle is located in any area enumerated in §§ 6.44.010 and 6.44.020 of this chapter, 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, unless the container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This section shall, however, not apply to living quarters of a house, car, camper or motor home. (1995 Code, § 6.44.030)

The definition of ALCOHOLIC BEVERAGE, as used herein, shall include alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcoholic, 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. (1995 Code, § 6.44.040)

Sections 6.44.010, 6.44.020 and 6.44.030 shall not be deemed to make punishable an act or acts which are prohibited by any statute of the State of California. (1995 Code, § 6.44.060)

(A) Any person who violates any provisions of this chapter which are declared to be unlawful, shall be guilty of a misdemeanor, subject to a penalty of imprisonment in the County Jail for a period of time not to exceed six months, or by a fine not to exceed $500 or both, for each such violation. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction. (B) Any person convicted of an infraction under this chapter shall be punished by: (1) A fine not exceeding $50 for a first violation; (2) A fine not exceeding $100 for the second violation of this chapter within one year; and (3) A fine not exceeding $250 for each additional violation of this chapter within one year. (1995 Code, § 6.44.070)

The City Council hereby declares that it would have passed this chapter by sentence, paragraph by paragraph and section by section, and does hereby declare that the provisions of this chapter are severable and, if for any reason any sentence, paragraph or section of this chapter shall be held invalid, the decision shall not affect the validity of the remaining parts of this chapter. (1995 Code, § 6.44.080)