City of Avalon, CA
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2023-01-17
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Title 5: Public Welfare, Morals, and Conduct
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Chapter 5-12 Alcoholic Beverages
- Adopting Ordinance
- Ch AO Adopting Ordinance
- Title 1: General Provisions
- Ch 1-1 Adoption of Code
- Ch 1-2 Penalty Provisions
- Ch 1-3 Rules of Construction
- Ch 1-4 Appeals
- Ch 1-5 Citation Procedure
- Ch 1-6 General Liability Insurance
- Ch 1-7 Service Fees
- Ch 1-8 Reasonable Accommodation
- Ch 1-9 Administrative Citations
- Title 2: Administration
- Ch 2-1 City Council
- Ch 2-2 Officers and Employees
- Ch 2-3 (Reserved)
- Ch 2-4 Official Notices
- Ch 2-5 Official Seal
- Ch 2-6 Employer-Employee Relations
- Title 3: Finance
- Ch 3-1 Business Licensing
- Ch 3-2 Funds
- Ch 3-3 Taxes
- Ch 3-4 Purchasing System
- Ch 3-5 State Video Service Franchises
- Title 4: Public Safety
- Ch 4-1 Bicycles, Pushmobiles, and Toy Vehicles
- Ch 4-2 Civil Defense
- Ch 4-3 Fire Prevention
- Ch 4-4 Traffic
- Ch 4-5 Weapons
- Ch 4-6 Special Events.
- Ch 4-7 Paramedic Service Fees
- Ch 4-8 Athletic Activities Prohibited in Certain Areas
- Ch 4-9 Encroachments of Streets, Alleys, Rights-Of-Way and Other Public Property
- Ch 4-10 Bicycles on Public Property
- Ch 4-11 Abatement of Nuisances
- Ch 4-12 Tobacco Regulations
- Ch 4-13 Aircraft Landings and Liftoffs
- Ch 4-14 Sidewalk Maintenance
- Ch 4-15 Street Performers
- Title 5: Public Welfare, Morals, and Conduct
- Ch 5-1 Advertising Matter
- Ch 5-2 Graffiti Prohibition, Prevention and Removal
- Ch 5-3 (Repealed)
- Ch 5-4 Gambling
- Ch 5-5 Littering
- Ch 5-6 Minors
- Ch 5-7 Obstructing Streets and Sidewalks
- Ch 5-8 Camping
- Ch 5-9 Solicitations
- Ch 5-10 Unsightly Property
- Ch 5-11 Vehicle and Boat Rentals
- Ch 5-12 Alcoholic Beverages
- § 5-12.01 Alcoholic Beverages Defined.
- § 5-12.02 Consumption and Possession With Intent to Consume.
- § 5-12.03 (Reserved)
- Ch 5-13 Noise
- Ch 5-14 Public Transportation
- Ch 5-15 Motion Picture, Television and Photographic Reproduction
- Ch 5-16 Removal of Abandoned Vehicles
- Ch 5-17 Bingo
- Ch 5-18 Illegal Activities
- Ch 5-19 Tattoo Establishments.
- Ch 5-20 Medical Cannabis Delivery Service Businesses and Other Cannabis Businesses and Activity
- Ch 5-21 Sidewalk Vending
- Ch 5-30 Personal Cannabis Cultivation Regulations
- Ch 5-40 Nontransient Rental Inspections
- Title 6: Sanitation and Health
- Ch 6-1 Fowl, Dogs, and Other Animals
- Ch 6-2 Solid Waste Collection
- Ch 6-3 Health Code
- Ch 6-4 House Trailers
- Ch 6-5 Outdoor Restaurants
- Ch 6-6 Water
- Ch 6-7 Sewers
- Ch 6-8 City Responsibility for Chapter 6.95 of the Health and Safety Code, Hazardous Materials Release Response Plans and Inventory
- Ch 6-9 Floodplain Management
- Ch 6-10 Miscellaneous Provisions
- Ch 6-11 Regulation of Smoking
- Ch 6-12 Water Efficient Landscape Regulations
- Ch 6-13 Water Quality Control
- Ch 6-14 Environmentally Acceptable Food Packaging
- Title 7: Public Works
- Ch 7-1 Datum Plane
- Ch 7-2 Excavations
- Ch 7-3 Overhead Utilities Conversion
- Ch 7-4 Abandoned Utility Facilities
- Title 8: Building Regulations
- Ch 8-1 Building Code
- Ch 8-2 Fire Zones
- Ch 8-3 Building Numbering
- Ch 8-4 California Electrical Code
- Ch 8-5 Plumbing Code
- Ch 8-6 Small Residential Rooftop Solar Systems
- Ch 8-7 California Mechanical Code
- Ch 8-8 Residential Code
- Ch 8-9 Undergrounding of Utilities
- Title 9: Planning and Zoning
- Ch 9-1 Planning Commission
- Ch 9-2 Subdivisions
- Ch 9-3 General Provisions
- Ch 9-4 Establishment of Zones
- Ch 9-5 Residential Zones
- Ch 9-6 Commercial Zones
- Ch 9-7 General Standards of Development
- Ch 9-8 Administration of Zoning Ordinance
- Ch 9-9 Applicable Ordinance
- Ch 9-10 Publicly-Owned Property
- Ch 9-11 Affordable Housing
- Ch 9-12 Annual Growth Policy
- Ch 9-13 Multiple Unit Housing Regulations
- Ch 9-14 Time-Share Projects
- Ch 9-15 Development Agreements
- Ch 9-16 Emergency Shelters
- Ch 9-17 Special Needs Housing
- Ch 9-18 Development Impact Fees
- Title 10: Beaches, Parks, and Recreation
- Ch 10-1 Fishing and Use of Equipment
- Ch 10-2 Harbor Regulations
- Ch 10-3 Marine Preserve
- Ch 10-4 (Reserved)
- Ch 10-5 (Reserved)
- Ch 10-6 Swimming and Diving
- Ch 10-7 (Reserved)
- Disposition List
- Ch DL Disposition List
[§ 1, Ord. 483, eff. May 20, 1965]
For the purposes of this chapter, "alcoholic beverage" shall
have the same meaning as such term is defined in the Alcoholic Beverage
Control Act of the State, which is hereby referred to and made a part
of this chapter for the purpose of such definition.
[§ 1, Ord. 483, eff. May 20, 1965, as amended by § 1, Emergency Ord. 636, eff. July 18, 1977; reenacted
by § I, Ord. 639, eff.
August 31, 1977; amended by § 1, Ord. 916-95, eff. April 20, 1995; § 1, Ord.
969-99, eff. October 7, 1999]
(a)
Prohibition. Except as provided in subsection (b) herein, no person shall drink any alcoholic beverage or possess an open alcoholic beverage container with intent to consume same: (1) on any public street or sidewalk, in any public building, or in any public recreational area; (2) while on private property open to public view without the express permission of the owner, his agent, or the person in lawful possession thereof. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the State of California.
(b)
Notwithstanding subsection (a), alcohol may be lawfully consumed by persons of legal age as follows:
(1)
Within 10 feet of the fencing surrounding the Joe Machado Ballpark
during adult recreational programs. However, where the adult recreational
program involves any event requiring a permit from the Avalon Community
Recreation Department, all conditions of the permit relating to the
sale and/or consumption of alcohol shall apply;
(2)
At other parks owned or controlled by the City of Avalon during
adult recreational programs only, provided (a) the event has received
a permit from the Avalon Community Recreation Department allowing
for the sale and/or consumption of alcohol; (b) the event organizers
comply with all conditions of the permit relating to the sale and/or
consumption of alcohol, including but not limited to, the possession
of a valid license or permit issued by the California Alcohol and
Beverage Control Commission; and (c) the organizers provide for a
fenced or gated in area and alcoholic beverages are consumed only
within such area.
[1]
Editor's Note: Former § 15-12.03, Intoxication,
previously codified herein and containing portions of Ordinance No.
483 was repealed in its entirety by § 2, Ordinance No. 916-95,
effective April 20, 1995.
