Twentynine Palms Municipal Code Ch. 11.01 Alcoholic Beverage Regulations

The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a) "Alcoholic Beverage" means alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half (½) of one percent (1%) 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) "Public Place" means and includes any public street, sidewalk, highway, road, lane or alley, or any other publicly owned property open to the use or business of the public at the time, but shall not include: (1) any place licensed for the consumption of alcoholic beverages on the premises; or (2) any place as set out in Section 11.01.050.

(90-86 § 2)

No person shall, in or upon any public place have in their possession any alcoholic beverage contained in any bottle, can or other receptacle which has been partially opened, unsealed, removed or consumed; provided, however, that this Section shall not apply when the alcoholic beverage is in the person's possession at the time strictly for the purpose of transporting it briefly, temporarily and directly through a place and the bottle, can, or other receptacle has not been opened or unsealed.

(90-86 § 2B)

No person shall drink, use or consume any alcoholic beverage in or upon any public place.

(90-86 § 2C)

No person shall do or commit any act prohibited in Sections 11.01.020 or 11.01.030 when such person is upon privately-owned property rather than in or upon a public place, which privately-owned property is open to the use or patronage of the general public at the time, unless the person doing or committing the act has the express or implied permission or invitation so to do from the owner or lessee or other person in charge or control of the private property or business premises involved. This Chapter shall apply to premises of any retail package off-sale alcoholic beverage licensee and any adjacent parking lot as soon as such premises and parking lot have been posted as set out in Section 11.01.080.

(90-86 § D)

Sections 11.01.030 and 11.01.040 shall not apply to consumption or possession of alcoholic beverages on City-owned property pursuant to any permit, entitlement or other permission issued or given by the City Manager or City Council in connection with the holding of a special event on or at the place or premises where the consumption or possession would otherwise be prohibited, nor shall they apply with respect to a public place owned or controlled by a public entity other than the City if the other public entity has given its express or implied permission or invitation allowing use of the premises for the purposes otherwise prohibited in those Sections.

(90-86 § E)

No person shall urinate or defecate upon his or her private property in an area exposed to public view or upon any other private property or public place except into a fixture designed for that purpose and located within a restroom.

(90-86 § 3)

All retail package off-sale alcoholic beverage licensees shall post their premises and any adjacent parking lot in a manner clearly visible to their patrons and persons on any adjacent public sidewalk notifying them of the provisions of this Chapter. Such posting shall be completed on or before December 31, 1990.

(90-86 § 5)

A violation of this Chapter shall be an infraction punishable as set out in Chapter 1.04.

(90-86 § 6)