Wasco Municipal Code Ch. 9.12 Alcoholic Beverages

Sections: 9.12.010 Definitions. 9.12.020 Possession in parks, exception. 9.12.030 Possession in public places. 9.12.040 Possession in parking lots. 9.12.050 Possession in motor vehicles generally. 9.12.060 Possession in motor vehicles by persons under twenty-one years of age. 9.12.070 Violation--Penalty.

A. The term "alcoholic beverage" shall have the same meaning as in California Business and Professions Code Section 23004.

B. The term "beer" shall have the same meaning as in Business and Professions Code Section 23006.

C. The term "wine" shall have the same meaning as in Business and Professions Code Section 23007. (Ord. 654 §1(a), 2015; Ord. 255 §§5, 9, 1978).

Except as described herein, it shall be unlawful for any person to possess any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, in any park or other facility owned by the city.

A. Notwithstanding the foregoing, any nonprofit organization may sell beer and wine and allow the consumption of same in a park or facility owned by the city as part of an activity sponsored by the nonprofit organization which has been authorized by the city through a duly issued and conditioned permit or license provided the nonprofit organization complies with all conditions imposed by the city. (Ord. 654 §1(b), 2015; Ord. 273 §§l, 2, 1980; Ord. 255 §6, 1978).

Except as described in Section 9.12.020, it is unlawful for any person, within the city, to possess any alcoholic beverage in any public place, or 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 have been partially removed. (Ord. 654 §1(c), 2015; Ord. 255 §1, 1978).

It is unlawful for any person, within the city, to possess any alcoholic beverage 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 have been partially removed, on any parking lot within the city associated with or under the control of any business or other premises open to the public, during the ordinary course of business of such business or premises where such parking lot has immediate access to a public street. (Ord. 255 §2, 1978).

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 9.12.030 and 9.12.040, 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 or camper. (Ord. 255 §3, 1978).

of age.

A. No person under the age of twenty-one years shall knowingly drive, within the city, any motor vehicle carrying any alcoholic beverage, unless such person is accompanied by a parent or legal guardian or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9, commencing with Section 23000, of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of his employment.

B. No passenger in any motor vehicle, within the city, who is under the age of twenty-one years shall knowingly possess or have under his control any alcoholic beverage, unless such passenger is accompanied by a parent or legal guardian or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9, commencing with Section 23000, of the Business and Professions Code), and such possession or control is during regular hours and in the course of his employment.

C. If the vehicle used in any violation of subsection A or B of this section is registered to such person under the age of twenty-one years, the vehicle may be impounded at the owner’s expense for not less than one day nor more than thirty days for each violation. (Ord. 255 §4, 1978).

Any person violating Section 9.12.020 shall be deemed guilty of an infraction. Any person violating any other provision of this chapter shall be deemed guilty of a misdemeanor. (Ord. 654 §1(d), 2015; Ord. 255 §7, 1978).