City of Sunnyvale, CA ALCOHOLIC BEVERAGES

(a)

It is unlawful for any person to drink any alcoholic beverage upon any public right-of-way (including the street, parkstrip, sidewalk and public property up to the private property line), lane, alley, public park and other public property unless the consumption of alcoholic beverages is expressly permitted for that location pursuant to a permit or ordinance and the consumption is in conformance with the terms of that permit or ordinance, or except as may be otherwise authorized by the city.

(b)

It is unlawful for any person to possess any can, bottle or other container of any alcoholic beverage which has been opened, or a seal broken, or the contents of which has been partially removed, upon any public right-of-way (including the street, parkstrip, sidewalk and public property up to the private property line), lane, alley, public park or other public property unless the consumption of alcoholic beverages is expressly permitted for that location pursuant to a permit or ordinance and the possession is in conformance with the terms of that permit or ordinance, or except as may be otherwise authorized by the city, or the possession is expressly allowed by a preemptive state law.

(c)

It is unlawful for any person to drink or possess an open container of any alcoholic beverage while upon any private parking lot open to the public unless expressly permitted by the owner or operator of the private parking lot in conformance with a permit or ordinance or as otherwise authorized by the city.

(d)

This section is intended to have no application to situations which would invoke application of state laws, including, but not limited to, restrictions on the drinking, possession or storage of an open receptacle containing an alcoholic beverage while a person is in a motor vehicle upon a highway (California Vehicle Code Sections 23121, 23122 and 23123), or restrictions on the possession of an intoxicating liquor by a person under the age of twenty-one on a public street or highway or on any public place or in any place open to the public (California Business and Professions Code Section 25662).

(Ord. 250595 § 1)