Except as otherwise provided in Section 10.20.020 of this chapter, it is unlawful for any person to possess any can, bottle or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, in or on any street or sidewalk, or any passageway open to public use, or in or on any park, playground or community house, or on public property, which is open and accessible to the general public, or on private property which has been approved for commercial or industrial uses (including parking areas) which is open and accessible to the general public.
(Prior code § 4-8.01; Ord. 1823 § 1, 2001)
The provisions of Section 10.20.010 of this chapter shall not be applicable to the following:
A. 
During regular business hours, those portions of a commercial establishment, open and accessible to the public, upon which alcoholic beverages may be sold or consumed in accordance with a valid on-sale license from the California department of alcoholic beverage control;
B. 
Upon issuance, as provided in this chapter, of a permit allowing the consumption of alcoholic beverages in places prohibited by this chapter;
C. 
When an individual is in possession of an alcoholic beverage container for the purpose of recycling or other related activity.
(Prior code § 4-8.02; Ord. 1823 § 1, 2001)
A. 
An application for an exemption permit must be filed by an individual 21 years of age or older and 40 calendar days prior to the date that public consumption of alcoholic beverages is requested. The application shall be on a form established by the city and be accompanied by the fee required by the resolution establishing fees and charges for various municipal services, as set forth in the master fee schedule (on file in the office of the city clerk). The application shall be filed with the department of recreation and human resources when it involves the use of public facilities under the jurisdiction of that department. In all other cases, the application shall be filed with the police division of the department of public safety.
B. 
The director of recreation and human resources or the chief of police, or their designated representatives, shall make the determination to issue or not issue an exemption permit. The above individuals are designated the "issuing officer" for purposes of this chapter.
C. 
The issuing officer shall make a determination whether to grant or deny the permit and notify the applicant in writing 15 calendar days prior to the date requested for the exemption, setting forth any conditions of approval or reasons for denial. The issuing officer, in granting or denying the exemption permit, shall determine whether or not the permit is in the interests of the public health, safety or general welfare. In making the determination, the issuing officer shall be guided by the following considerations:
1. 
The geographical area within which the permit will be valid;
2. 
The hours during which the permit will be valid and its duration;
3. 
The activity/activities to be conducted in conjunction with the permit;
4. 
Whether the California department of alcoholic beverage control requires a permit and whether it has been issued;
5. 
The impact upon the general public in the area where the permit will be valid;
6. 
Whether any previous experiences have shown that the issuance of the permit would not be in the best interests of the public health, safety and general welfare.
(Prior code § 4-8.03)
An applicant may appeal an adverse decision of the issuing officer to the city manager. An appeal shall be filed within five days of the mailing of written notification by the issuing officer and set forth the grounds for appeal. The city manager shall consider said appeal within two working days of its receipt and reject or affirm said appeal. The city manager shall decide the appeal on the same information and according to the same criteria as the issuing officer. The applicant shall be notified in writing of the city manager's decision.
(Prior code § 4-8.04)
The requirements of this chapter shall be in addition to any other provisions of this code regulating the consumption of alcoholic beverages. If this chapter is in conflict with any presently existing chapter or title, the existing provisions shall control.
(Prior code § 4-8.06)