The following terms as used in this chapter are defined as set
forth:
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CLASSIFICATION
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TYPES OF SALE
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EXAMPLE
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|---|---|---|
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Type 20
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Off-sale beer and wine
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Convenience stores and small markets
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Type 21
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Off-sale beer, wine, and distilled spirits
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Liquor stores and supermarkets
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Where the business is in a shopping center, the signs must
be clearly readable only from the immediately adjacent public sidewalk
of that portion of the parking lot normally used by the licensee's
patrons. If the licensee decides to post signs in his or her portion
of the parking lot, the range of enforcement is extended according
to the clearly readable limits of the signs. If the licensee owns
or leases the entire shopping center parking lot, he or she has the
option of posting the entire lot. The licensee is in control of the
parking lot if he or she is the owner or lessee (person who has lawful
possession by the terms of an agreement granting a possessory or occupancy
interest) of the parking lot.
An adjacent vacant lot that otherwise meets the elements of the municipal code may be considered a parking lot if it is used for patron parking. For purposes of this chapter, there is no requirement that the lot be paved. Private residential parking lots that may be adjacent to a licensee's premises are excluded from enforcement by subsection E of Section 8.38.020. Apartment house parking lots would fall under this exclusionary section.
means clearly readable.
means being in actual contact or touching along a boundary
or at a point.
means any person holding a license issued by the California
Department of Alcoholic Beverage Control (ABC).
The lettering of the posted notices must be of sufficient
size and clarity to be clearly readable by the licensee's patrons,
persons on the public sidewalk immediately adjacent to the licensed
premises, persons in the licensee's parking lot, and persons in any
non-residential parking lot bordering the licensee's premises.
This ABC license allows alcoholic beverages to be sold in
original unopened packages for consumption off the premises where
sold.
As defined in subsection C of Section 8.38.020, the licensee is required to post signs on his or her building and/or parking lot in a manner that allows the signs to be clearly readable from those parking lots and public sidewalks that are immediately adjacent to the licensed premises. These regulations would also apply to adjacent lots that are not owned or controlled by the licensee.
means any sidewalk that is open to common use, but not necessarily
one that is owned or maintained by the City.
(1892 § 1, 1985; 2802 § 1, 2011)
A.
Any
person, while on or remaining in the posted premises of any retail
package off- sale alcoholic beverage licensee licensed pursuant to
Division 9 of the Business and Professional Code, or on any public
sidewalk immediately adjacent to the licensed premises, who consumes
an alcoholic beverage or who possesses with intent to consume in such
a location any bottle, can, or other receptacle containing any alcoholic
beverage that has been opened, or a seal broken, or the contents of
which have been partially removed, is guilty of a misdemeanor.
B.
All
retail package off-sale alcoholic beverage licensees licensed pursuant
to Division 9 of the Business and Professions Code to operate in the
City shall post such licensed premises with notices, clearly visible
to patrons of the licensee and parking lot, and to persons on the
public sidewalk that possession of any opened alcoholic beverage container
is prohibited by law. Any licensee who does not so post the licensed
premises within 30 days of notification is guilty of an infraction.
C.
As used in this section, "posted premises" means those premises that are subject to licensure under any retail off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises that are posted with notices pursuant to subsection B of this section.
D.
As used in this section, "parking lot immediately adjacent to the licensed premises" means any parking lot, except those described in subsection E of this section, that is contiguous to the licensed premises and any parking lot under the control of or operated in conjunction with the licensed premises.
E.
The
provisions of this section do not apply to any private residential
parking lot immediately adjacent to posted premises.
(1892 § 1, 1985; 2214 § 1, 1992; 2802 § 1, 2011)
A.
Any
person who drinks any intoxicating beverage on any public street,
highway, sidewalk, alley, restroom, or other property owned or maintained
by the City shall be guilty of a misdemeanor.
B.
Any
person, while in any public park, public sidewalk, public street,
public building, or any area designated for public parking, who consumes
or possesses with intent to consume any alcoholic beverage in such
a location, any can, bottle, or other receptacle containing any alcoholic
beverage, which has been opened, or a seal broken, or the contents
of which has been partially removed, is guilty of a misdemeanor.
C.
This section shall not apply where the possession is within premises located in a park or other public place for which a license has been issued by the Department of Alcoholic Beverage Control, or for which permission has been granted by the City Manager or his or her designee pursuant to Chapter 8.40.
(1892 § 1, 1985; 2174 § 1, 1991; 2214 § 1, 1992; 2802 § 1,
2011)
