Chapter 9.36 - Alcoholic Beverages in Public Places#

9.36.010 - Consumption of alcoholic beverages in public—Prohibited.#

Except as hereinafter provided, it is unlawful for any person to consume any alcoholic beverage, as that term is defined in California Business and Professions Code Section 23004, or any successor provision thereto, on any public street, public sidewalk or public alley, or within or on any public parking lot, private parking lot open to the public, public park, recreation area, recreation facility or other property owned, controlled and/or operated by the city, county or any public agency. A violation of this section constitutes an infraction punishable in the manner prescribed by law.

(Ord. 707B §1 (part), 2001)

9.36.020 - Possession of open containers of alcohol in public—Prohibited.#

Except as hereinafter provided, it is unlawful for any person to possess an open container of alcohol within any public street, public sidewalk or public alley, or within or on any public parking lot, private parking lot open to the public, public park, recreation area, recreation facility or other property owned, controlled and/or operated by the city, county or any public agency.§ A violation of this section is punishable as an infraction pursuant to California Business and Professions Code Section 25620.

(Ord. 707B §1 (part), 2001)

9.36.030 - Exceptions—Licensed public premises or city permit.#

Sections 9.36.010 and 9.36.020 of this code shall not apply where such consumption or possession occurs within or on premises for which a license authorizing such consumption and/or possession has been issued pursuant to California Business and Professions Code Sections 23000 through 25762, or for which a permit has been obtained from the appropriate city department.§

(Ord. 707B §1 (part), 2001)

9.36.040 - Possession of open containers of alcohol on posted private premises open to the public—Prohibited.#

It is unlawful for any person having in his or her possession any open container of alcohol to enter, be present in or upon or to remain upon the posted premises of, including a posted parking lot immediately adjacent to, any retail business selling packaged alcoholic beverages as an off-sale alcoholic beverage licensee licensed pursuant to California Business and Professions Code Sections 23000 through 25752.§ For purposes of this section, the term "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 one or more clearly visible signs indicate to patrons of the licensee and to persons in such parking lot and/or on such public sidewalks, that the provisions of this section are applicable. The provisions of this section shall not apply unless such posting has occurred. A violation of this section is punishable as an infraction pursuant to California Penal Code Section 647e.

(Ord. 707B § 1 (part), 2001)

9.36.050 - Open container of alcohol—Defined.#

For purposes of this chapter, the term "open container of alcohol" shall mean any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal thereon broken, or the contents of which have been partially removed.

(Ord. 707B § 1 (part), 2001)

9.36.060 - Activities permitted or prohibited under state law not regulated.#

The provisions of this chapter shall not be deemed to prohibit or permit any act which is expressly prohibited or permitted by any law of the State of California including, but not limited to, any law regulating possession of an open container of alcohol within a motor vehicle.§

(Ord. 707B § 1 (part), 2001)