9.08.015 - Possession of opened alcoholic beverage receptacle.

(a)

As used in this section, "alcoholic beverage" means and includes 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.

(b)

No 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, shall enter, be, or remain on the posted premises of, including the posted 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 and posted premises.

(c)

As used in subsection (b), "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 clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk that the provisions of subsection (b) are applicable.

(d)

Pursuant to subsection (c), off-sale liquor store establishments shall post a sign on the premises advising patrons of subsection (b). The sign shall be in a conspicuous place and readily observable. It shall be at least eighteen inches by twenty-four inches in size and read substantially as follows: "It is an infraction for any person who possesses any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal broken, or the contents of which have been partially removed, to enter, be, or remain on the premises of, including the parking lot of a liquor store establishment or the public sidewalk immediately adjacent to it."

(e)

The provisions of this section shall not apply to a private, residential parking lot which is immediately adjacent to the posted premises.

(f)

Any person who violates any provision of this section is guilty of an infraction and is punishable pursuant to the provisions of Section 1.12.011.

(g)

For a violation of this section to occur, the posting of a sign in accordance with the provisions of subsection (d) is required.

(Ord. 361 §1, 1984).