It is unlawful for any person to consume any spirituous, vinous, malt or other intoxicating liquors, containing more than one-half of one percent of alcohol by volume, or possess an open container of alcoholic beverage, on any of the streets, sidewalks, alleys, municipal pier, public beach, parking lot, public parking structures, including private parking lots and parking structures held open for public use, public parks, public playgrounds, public buildings, or public lavatories within the City except restaurants or other commercial establishments where on sale consumption is permitted by license of the State, or at a special event, facility rental, or concession duly authorized by the City Manager in compliance with the requirements set forth in Chapter 12.56 and 12.33 of this code and any applicable policies and procedures, and in conjunction with a special event or facility rental for which the sponsoring organization is properly licensed by the State Department of Alcoholic Beverage Control.
(Ord. 95-893; Ord. 2023-1241, 1/17/2024)
It is unlawful for any person to consume or drink an alcoholic
beverage containing a content of one and one-half percent or more
of alcohol on any public street, alley or beach while congregating,
gathering, assembling or associating with any person or persons under
the age of 18 years, unless the person or persons under the age of
18 years are related by blood or through marriage to the person consuming
or drinking the aforementioned alcoholic beverage, or unless the person
or persons under the age of 18 years are present with the person consuming
or drinking the aforementioned alcoholic beverage with parental consent,
together with parental knowledge that the person or persons under
the age of 18 years will be congregating, gathering, assembling or
associating with a person who will be consuming or drinking the aforementioned
alcoholic beverage.
(Prior code § 4122; prior code
Am. No. 52 § 3, 1968)
Notwithstanding Section 9.04.010, consumption of alcoholic beverages or possession of open containers of alcoholic beverages, excluding glass or plastic bottles or glass containers, shall be permitted within the westerly 155 feet of the municipal pier, but only if all of the following conditions are satisfied:
A.
The
alcoholic beverages shall be purchased from a restaurant or similar
commercial establishment, within the westerly 155 feet of the municipal
pier, that is a concession authorized by the San Diego Unified Port
District and licensed by the State of California for the on-sale consumption
of alcohol;
B.
The
alcoholic beverage shall be in a clear plastic cup or distinctive
container indicating it was purchased from the concession;
C.
The
person consuming or possessing the alcoholic beverage shall maintain
possession of the receipt of purchase, and shall produce the receipt
upon request by any person authorized to enforce the provisions of
this section, including, but not limited to, a peace officer, code
enforcement officer or lifeguard; and
D.
The
person consuming or possessing the alcoholic beverage pursuant to
the provisions of this section shall be 21 years of age or older,
and shall produce valid photographic identification bearing proof
of identity and age upon request by any person authorized to enforce
the provisions of this section, including, but not limited to, a peace
officer, code enforcement officer or lifeguard.
(Ord. 2008-1072 § 2)
Violation of this chapter is a misdemeanor punishable as provided by Chapter 1.12 of this code.
(Ord. 95-893)
