"Alcoholic beverages,"
for the purposes of this chapter, includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume, and which is fit for consumption either alone or when diluted, mixed or combined with other substances.
(Ord. 3106 § 1, 1977)
No person shall consume any alcoholic beverage on any public beach or beach which is open to the public; or on any street, sidewalk, alley, highway, public parking lot or bluff-top whether improved or unimproved adjacent to such beach. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the state. This section shall not apply to the consumption of alcoholic beverages on any private residential property, including hotels or motels, located in any area specified in this section, or on the South Carlsbad State Beach Campgrounds.
(Ord. 3106 § 1, 1977; Ord. 3174, 1984; Ord. 3188 § 1, 1985)
A. 
No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9, commencing with Section 23000, of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating this section shall be guilty of an infraction and shall be punished as provided in Chapter 1.08 of this code.
B. 
As used in subsection A of this section, "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of subsection A of this section are applicable.
C. 
The provisions of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises, or to any premises which are not posted as provided in this section.
(Ord. 3173 § 1, 1984)
A. 
No person shall 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, nor shall any person consume any alcoholic beverage in any city-owned public place or city-owned park identified in this section as:
1. 
Any public street, sidewalk, alley, highway, public parking lot, or public open space owned by, leased to, licensed to, or operated by the city in the V-B Village Barrio Zone, as that zone is designated in Chapter 21.35 of this code, as amended, and specifically within or adjacent to the VC, VG, HOSP, FC, and PT districts and the VBO district (Magee and Maxton Brown parks) of the Village and Barrio Master Plan.
2. 
Rotary Park located at the 2900 block of Washington Street, bordered to the west by Washington Street, bordered to the east by the west alley of State Street immediately east of the Atchison, Topeka and Santa Fe Rail Road tracks, bordered to the south by Carlsbad Village Drive and bordered to the north by Grand Avenue in the City of Carlsbad.
3. 
Holiday Park and Pine Avenue Community Park.
B. 
Unlawful possession of an open container of an alcoholic beverage as described in Section 8.44.040(A) shall be charged as an infraction; unlawful consumption of an open container of an alcoholic beverage as described in Section 8.44.040(A) may be charged as a misdemeanor.
C. 
Any of the prohibitions set forth in this section may be waived when a special event permit or a park and facility use permit requesting a waiver has been granted by the City Manager or designee.
D. 
This section does not apply when an individual is in possession of an alcoholic beverage container within a sidewalk café or curb café that is approved and permitted as required by the Village and Barrio Master Plan and the California Department of Alcoholic Beverage Control, or any temporary permits issued under state or local emergency orders.
E. 
This section does not apply when an individual is in possession of an alcoholic beverage container for the purpose of recycling or other related disposal activity.
(Ord. NS-860 § 1, 2007; Ord. CS-333 § 3, 2018; Ord. CS-405 § 6, 2021)
If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional.
(Ord. NS-860 § 1, 2007)