Visalia Municipal Code Art. 3 Possession of Open Containers Containing Alcoholic Beverages in Specified…

It is unlawful for any person within the city 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 such alcoholic beverage is in a receptacle which has been opened, or the seal of which has been broken, or the contents of which has been partially removed. (Prior code § 5255)

A. It is unlawful for any person to consume beer, wine, or any intoxicating liquor on any street, sidewalk, alley, highway or public court except where expressly permitted pursuant to the terms of a permit issued by the city for temporary use and occupancy of such public property.

B. It is unlawful for any person to consume beer, wine, or any intoxicating liquor:

1. Upon any property used, or intended to be used as an accessory use, for the parking of motor vehicles by the patrons of any commercial establishment authorized by the state of California to sell alcoholic beverages; or

2. Upon any unimproved property which adjoins such commercial establishment not used for the parking of motor vehicles, which is owned, operated or possessed by the owner, lessee or agent of such commercial establishment; or

3. Upon private property open to the public, including but not limited to parking lots and shopping centers except where expressly permitted pursuant to the terms of a license issued by the ABC; or

4. Upon a private drive, stairway, doorway or other private property open to public view without the express permission of the owner, the owner's agent or the person lawfully in possession of the private property.

C. It is an infraction for any 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, to enter, be, or remain on the premises of, including the 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 premises, if the premises and parking lot contain clearly visible notices to the patrons of the licensee and parking lot and to persons on the public sidewalk as follows:

Unlawful to enter, be or remain on these premises, adjacent parking lot or adjacent public sidewalk with an open alcoholic beverage container. CPC 647e(a); Visalia Municipal Code Section 9.04.050(C)

D. This section shall not prohibit the consumption, at sidewalk tables adjacent to the premises, of alcoholic beverages purchased on the premises by the customer of a bona fide eating place, as the term is defined in California Business and Professions Code Section 23038, if the bona fide eating place has obtained a revocable encroachment permit from the city authorizing the placement of sidewalk tables and a license from the Department of Alcoholic Beverage Control which permits the sidewalk consumption.

E. Nothing in this section shall be construed to make criminal any act or acts which are permitted or prohibited by any law of the state of California.

(Ord. 2008-04, 2008)

It is 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 such motor vehicle is located in any area enumerated in Sections 9.04.040 and 9.04.050 and 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 such container is kept in the trunk of such vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if such 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. (Prior code § 5257)

The definition of “alcoholic beverage” as used herein shall include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. (Prior code § 5258)

A. For purposes of this article, the definition of public place shall not include any city owned community centers, within the city limits of the city. In addition, the city manager shall have the authority to exempt from the applicability of this article, any public place, within the city, on a specified date and for a specified period of time, provided:

1. Said public place is to be used for a public charitable, educational and/or recreational purpose;

2. Said activity is sponsored by a public, non-profit organization or group;

3. That all alcoholic beverages sold and/or provided in conjunction with said public activity are dispensed by public, nonprofit, charitable organizations or groups; and

4. That all such alcoholic beverages are consumed within the area so designated in the permit issued by the city manager.

B. The city manager shall establish reasonable rules and regulations for the application, processing and issuance of such permits for such specific event exemptions. (Prior code § 5259)

Sections 9.04.040, 9.04.050 and 9.04.060 shall not be deemed to make punishable an act or acts which are prohibited by any statue of the state of California. (Prior code § 5260)

Any person violating any of the provisions of Sections 9.04.050, 9.04.060 or 9.04.070 which are declared to be unlawful shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. (Prior code § 5261)

The city council declares that it would have passed this chapter sentence by sentence, paragraph by paragraph, and section by section, and does 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, such decision shall not affect the validity of the remaining parts of this chapter. (Prior code § 5262)