Willits Municipal Code Ch. 9.10 Alcoholic Beverages in Public Areas

The city finds and declares that:

A. The possession of alcoholic beverages by persons in public areas within the city limits has resulted in an increase in crime in those areas which is injurious to the health, safety, comfort, convenience, welfare and happiness of the residents of the city.

B. The possession of alcoholic beverages in the public areas of the city increases litter and solid waste collection and disposal, and produces an adverse affect upon the environment which is injurious to the health, safety and welfare of the residents of the city and poses a serious financial burden upon the city.

C. The regulation of consumption and possession of alcoholic beverages within the public areas of the city is a municipal affair and in the public interest.

(Ord. 85-22 (part)).

For the purposes of this chapter, the following terms shall be defined as follows:

A. "Alcoholic beverages" includes all alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, beer, or any other intoxicating liquors which are fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

B. "Chief of police" includes the chief of police of the city or his/her designated representative.

C. "City" means the city of Willits and all that territory within the incorporated limits of the city of Willits.

D. "City staff" means the chief of police and the supervisor of the public works department.

E. "Person" includes any individual, partnership, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, paternal, nonprofit or otherwise. The term shall not include the city of Willits.

F. "Public place" shall include all areas of the city open to public use which may include but is not limited to streets, alleys, sidewalks, parking lots or city easements.

G. "Public parking lots" shall include city-owned parking lots, parking provided in shopping centers and other parking that may exist or be hereafter designed and constructed for use of the public.

(Ord. 91-4 § 2(part)).

It is unlawful for any person to drink, consume, or have in his/her possession an open container containing any alcoholic beverage in or upon any public place in the city, except pursuant to an appropriate permit issued by the chief of police.

Permits shall be issued at the discretion of the chief of police when he/she is satisfied that public health and safety can be adequately protected in the particular circumstance. The chief of police may, with discretion, issue permits only for certain facilities owned and operated by the city and those privately owned facilities controlled by this chapter where the private property owner concurs in the permit request.

Any permit issued may, at the discretion of the chief of police, contain conditions as to type and amount of alcoholic beverages to be served, number of persons, time and place, security precautions and any other conditions reasonably related to the maintenance of public health and safety.

(Ord. 91-4 § 2(part)).

It is unlawful for any person to drink, consume, or have in his/her possession an open container containing any alcoholic beverage in or upon any city park, except the city Recreation Grove Park pursuant to an appropriate permit issued by the chief of police.

Permits shall be issued at the discretion of the chief of police when he/she is satisfied that public health and safety can be adequately protected in the particular circumstance. The chief of police may, with discretion, issue permits only for certain facilities owned and operated by the city in the Recreation Grove Park.

Any permit issued may, at the discretion of the chief of police, contain conditions as to type and amount of alcoholic beverages to be served, number of persons, time and place, security precautions and any other conditions reasonably related to the maintenance of public health and safety.

(Ord. 94-1 § 2: Ord. 91-4 § 2(part)).

It is unlawful for any person in an intoxicated or drunken condition or under the influence of any alcoholic beverages to be in any public place or park, or to be in any vehicle in a public place or park within the city.

(Ord. 85-22 (part)).

Application forms for an exclusive permit specifically regarding the use, consumption and/or possession of alcoholic beverages may be obtained from the chief of police. A permit will only be issued following the review and approval of the application form by the chief of police. If the permittee intends to sell alcoholic beverages, an appropriate permit must first be obtained from the department of alcoholic beverage control and a copy of that permit attached to the application for exclusive permit. Such permit must be applied for no earlier than thirty days and no later than five days prior to the date of event. Permits will normally be valid for one day only, except for activities requiring a seasonal permit. In any event, the validity of such a permit shall not exceed six months. A permit for the use of alcoholic beverages is not valid in or around play areas, or other areas which are primarily for the use of small children.

In the event a permit for consumption or possession of alcoholic beverages is denied by the chief of police, the party requesting the permit may appeal the denial to the city council via the city manager. An appeal must be filed within five days of the permit denial. The city manager may, upon review, issue the permit without full city council review.

(Ord. 91-4 § 2(part)).

Any violation of this chapter shall be deemed a misdemeanor, punishable by fine not to exceed five hundred dollars or by imprisonment not exceeding ninety days or by both such fine and imprisonment.

(Ord. 85-22 (part)).

The provisions of this chapter are declared to be severable and if any provision, sentence, clause, section or part hereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this chapter or their application to persons and circumstances.

(Ord. 85-22 (part)).