[§ 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.