Yreka Municipal Code Ch. 9.60 Alcoholic Beverages—drinking and Open Containers in Public

It is unlawful for any person to consume or possess any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed in any public place within the city of Yreka.

The term "alcoholic beverage" is as defined in California Business and Professions Code §23004. "Public place" means any city park/recreation area; any municipally owned, leased or operated public property, building or facility; and any public street, sidewalk, alley, playground, parkway, or any place open to the patronage of the public which premises are not licensed for the consumption of such alcoholic beverage thereon.

(Ord. No. 851, § 1, 12-21-2017)

The prohibitions in this chapter shall not apply to the following:

A. To persons within Greenhorn Park excepting any possession or consumption within ten feet of a public playground.

B. To persons with a valid rental/lease agreement for the Yreka Community Center, Community Theater, and the Downtown Plaza (located on Miner and Broadway).

C. To persons and places specified in a resolution adopted by the Yreka city council approving any special event, which approval includes permission for the consumption of alcoholic beverages. The city council may by resolution establish procedures for an alcoholic beverage use permit including the imposition of a processing fee.

D. Whenever the city has issued a valid permit for the consumption of alcoholic beverages. The lawful consumption of alcohol and/or possession of open containers of alcoholic beverages is strictly limited to the immediate area specified in the permit and only for the duration stated in the permit. A true copy of any required license, city permit, or permit issued by the State of California Department of Alcoholic Beverage Control, and the city's permit, authorizing the provision of the alcoholic beverage being served, must be in the possession of the authorized representative of the permittee and that permittee shall be present at all times at the event. The representative shall present the license or permit to any peace officer upon demand. Failure to provide a valid permit or license to a police officer shall constitute cause for the immediate invalidation the permit or license. Upon reasonable cause, peace officer may close an event, whether or not it has been previously licensed or permitted.

E. Whenever an exemption applies as stated in California Business and Professions Code §25620.

(Ord. No. 851, § 1, 12-21-2017)

A violation of any provision of this chapter shall be an infraction; provided, however, for the second or any additional violation, within any one-year period, may be treated as a misdemeanor. The maximum fine for the first violation is: Fifty dollars for the first offense; two hundred dollars for the second offense within one year and each subsequent offense within one year shall be five hundred dollars. The prosecuting attorney may treat any third offense occurring within one year as a misdemeanor.

(Ord. No. 851, § 1, 12-21-2017)