Vallejo Municipal Code Ch. 7.76 Alcoholic Beverages in Public Places

Except as provided in Sections 7.76.020 and 7.76.030, it shall be unlawful for any person to (1) sell or furnish; or (2) drink, consume, exhibit, display or possess; an open container, bottle, can, thermal jar, jug or vessel or other receptacle containing any alcoholic or intoxicating beverage upon any public street, sidewalk, alley, lane, way, highway, or parking lot, or in any public park or playground, or upon any private parking lot, including unimproved land suitable and used for the parking of vehicles, which is open to the public, whether or not any fee is charged for the entry to or use of space in the parking lot, in the city.

(Ord. 596 N.C. (2d) § 1 (part), 1981: Ord. 80 N.C. (2d) § 1, 1972.)

A. No person who has in his or her 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, shall enter, be or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating this provision shall be guilty of an infraction.

B. All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business and Professions Code to operate in the city of Vallejo shall post such licensed premises with permanent signs which shall include language stating that possession of any opened alcoholic beverage container in or outside the premises is prohibited by law. Signs required to be posted pursuant to this section must be clearly visible to: (1) patrons of the licensee; (2) persons using the parking lot immediately adjacent to the licensed premises; and, (3) persons on the sidewalk immediately adjacent to the licensed premises. Any licensee who does not acquire, post and maintain signs pursuant to this provision is guilty of an infraction. Upon payment for the cost of the required signs, signs shall be provided to the licensee by the department of public works for installation by the licensee. Signs damaged, stolen or otherwise removed must be reported by the licensee within forty-eight hours from the date of damage or removal to the department of public works. Signs damaged, stolen, or otherwise removed must be replaced by the licensee within seven days from the date of damage or removal.

C. The provisions of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises.

D. As used in this section, "posted premises" means those premises which are subject to licensure under any retail package off sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of subsection A. are applicable.

(Ord. 1310 N.C. (2d) § 1, 1994.)

Except in the case of the sale or other furnishing of alcoholic or intoxicating beverages as provided in Section 7.76.030, the prohibitions contained in Section 7.76.010 shall not apply under the following circumstances:

A. Upon any public golf course or driving range in accordance with the rules and regulations of the managing authority of said golf course or driving range;

B. Within any public building or facility in accordance with the rules and regulations of the managing authority of said building or facility, provided that such use is pursuant to a written permit issued by the managing authority;

C. Within any public park in accordance with the rules and regulations of the Greater Vallejo Recreation District or their successor in interest, provided that such rules and regulations specifically allow such use either:

1. In certain limited and designated picnic areas within said parks, or

2. Upon such other District property pursuant to a written permit issued by the Greater Vallejo Recreation District or its successor in interest, after review by the chief of police, and granted to a sponsoring organization, association or club for a particular event and limited to specific locations and specific times, as well as subject to such other and further conditions as the District may require:

D. Upon receipt of a permit from the city manager, which it, if granted, shall limit said use to specified locations and specified times and shall be subject to such conditions as the city manager may require of the applicant, consistent with the necessity to promote and protect the public health, safety and welfare. An applicant may appeal to the city council the decision of the city manager to deny a permit, or may appeal any or all of the conditions made applicable to said permit, by filing a written appeal with the city clerk within ten days after notice of said denial or conditions from the city manager.

(Ord. 596 N.C. (2d) § 1 (part), 1981; Ord. 80 N.C. (2d) § 2, 1972.)

The prohibitions contained in Section 7.76.010 shall not apply to the furnishing or sale of alcoholic or intoxicating beverages under the following circumstances:

A. The sale occurs in accordance with the exceptions contained in subsections A, B, C and D of Section 7.76.020; and

B. That said sale shall be approved and licensed by the State Department of Alcoholic Beverage Control; and

C. Copies of said permits and licenses, and any conditions applicable thereto, shall be filed with the chief of police prior to any such sales.

(Ord. 596 N.C. (2d) § 2, 1981.)