A. No person
shall consume an alcoholic beverage, or have in his or her possession
any bottle, can or other receptacle containing any alcoholic beverage
which has been opened, or which has a seal broken, or the contents
of which have been partially removed, upon any public street, alley,
sidewalk, parking lot, park, recreation facility or beach, in or immediately
adjacent to a public restroom, or other public place within the City
except:
1. Within
those public parks, beaches or recreational facilities designated
by resolution of the City Council as permitting the consumption of
alcoholic beverages; or
2. In
or on the property of an establishment, business place, or other location
properly licensed for the sale and consumption of alcoholic beverages
under the Alcoholic Beverage Control Act of the State of California;
or
3. During
a community special event, provided the Parks and Recreation Director,
after consultation with the Chief of Police, has permitted the consumption
of alcoholic beverages in connection with the special event use of
any park, recreational facility or beach (or any portion thereof)
and the event has been issued a Special Event Permit pursuant to Chapter
9.12 of the municipal code. The consumption of alcoholic beverages
shall only be permitted within those areas of the park, recreation
facility or beach so designated by the Director and subject to any
additional constraints imposed by the Director and the Chief of Police
in connection with the issuance of the Special Events Permit. Nothing
in this section shall be deemed to relieve any applicant or event
organizer from full compliance with all alcohol beverage control laws
and regulations of the State of California.
4. In
or on a park or other recreational facility owned by the City but
operated by a private operator or non profit agency pursuant to an
agreement with the City, provided that the operator may establish
and enforce its own rules or regulations regarding the consumption
or possession of alcoholic beverages.
B. Warning
Signs. The City Parks and Recreation Department shall post appropriate
signs advising the public that the consumption of alcohol or the possession
of open containers of alcohol is not permitted in certain parks, recreation
facilities and beaches.
(Ord. 4224, 1983; Ord. 4284, 1984; Ord. 5131, 1999)