Alcoholic beverage
means alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume.
Bike path
means a separate paved facility eight feet wide or wider designated for use by pedestrians, bicycles and other non-motorized transportation.
Cedar Park
means the city park located at 626 K Street, between Hunt Way and Yale Drive, also known or referred to as "K Street Park."
Central Park
means the city park bordered by 3rd Street, 5th Street, B Street and C Street.
Chestnut Park
means the city park located at 1020 Chestnut Lane, at the intersection of Chestnut Lane and Alice Street.
Greenbelt
means the segment of a citywide complex of parks and transportation corridors that provide both recreation opportunities and off-street transportation.
N Street Minipark
means the city park located at 567 N Street, at the southerly end of N Street.
Open container
means a bottle, can, jug, box or other receptacle that contains an alcoholic beverage and has been opened, a seal broken, or the contents partially removed.
Oxford Circle Park
means the city park located at 505 Oxford Circle, between Guava Lane, Wake Forest Drive and Oxford Circle.
Primary or secondary school
includes a school that offers primary instruction to kindergarten through twelfth grade, or any fraction thereof.
Special event
includes, but is not limited to, the following types of activities: a neighborhood block party, barbecue, picnic, fundraiser, community event or any other type of similar social event.
(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2206 § 1, 2005; Ord. 2207 § 1, 2005; Ord. 2292 § 1, 2007)
(a) 
It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of beer, wine, or any alcoholic beverage, or intoxicating liquor on any street, sidewalk, bike path, greenbelt, alley, highway, off-street public parking lot or structure; in Cedar Park, Central Park, N Street Minipark, or Oxford Circle Park; within six hundred feet of any primary or secondary school campus property lines at any time loitering is prohibited pursuant to Section 26.03.030; or in other areas commonly held open to the public use, except:
(1) 
Any public park, except for the parks listed above or within six hundred feet of any primary or secondary school campus property lines at any time as specified above; or
(2) 
Public streets, sidewalks, or urban use areas for which the city has granted an encroachment permit or entered into an Outdoor Dining License Agreement pursuant to Section 40.12.140 authorizing on-site alcohol sales; or
(3) 
Special events if the city has granted a street use or other permit that, during the event, authorized or permits persons attending the event to consume alcoholic beverages in areas where such consumption/possession is otherwise prohibited by this section.
(b) 
It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of beer, wine, or any alcoholic beverage, or intoxicating liquor in any private parking lot that is located on property containing two or more residential dwelling units if such parking lot is posted with a sign prohibiting the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage.
(c) 
Temporary Suspension of Exceptions by Resolution.
(1) 
Notwithstanding subsections (a)(1), (a)(2), or (a)(3), the city council may, by resolution, temporarily suspend one or more of the exceptions to this section upon making findings that such suspension is necessary to protect the public health, safety, or welfare due to unique conditions associated with a specific date, event, or time period.
(2) 
Any resolution adopted pursuant to this subsection shall specify:
(A) 
The geographical area or areas to which the suspension applies; and
(B) 
The date and time, or other specific description of the time period, during which the suspension shall be effective.
(3) 
During the period that a suspension adopted pursuant to this subsection is in effect, it shall be unlawful for any person to consume an alcoholic beverage or possess an open container of an alcoholic beverage within the designated area, and violations shall be enforceable pursuant to this chapter.
(4) 
A suspension adopted pursuant to this subsection shall be temporary in nature and shall not amend, repeal, or permanently modify this Code.
(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2206 § 2, 2005; Ord. 2207 § 2, 2005; Ord. 2263 § 1, 2006; Ord. 2292 § 1, 2007; Ord. 2668, 11/12/2024; Ord. 2684, 3/3/2026)
(a) 
The city community services department shall post appropriate signs in Cedar Park, Central Park, Chestnut Park, N Street Mini Park and Oxford Circle Park advising the public that the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within the park and its adjacent sidewalks and streets is not permitted. At least one sign shall be posted to face each street of each park. For example, a minimum of four signs shall be placed in Central Park. At least one sign shall face each of the four streets that border Central Park (3rd Street, 5th Street, B Street and C Street). Such signs shall be posted in a conspicuous manner.
(b) 
The city shall post signs at or near the main entrances of each primary or secondary school campus, and/or within, but not exceeding the six-hundred-foot perimeter around each campus. The signs shall be clearly and conspicuously posted and shall state when the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage is not permitted, pursuant to Section 26.04.020.
(c) 
The owner of property containing two or more dwelling units may prohibit the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within any parking lot on such property by posting a sign in plain view at or near each driveway to the parking lot that sets forth such prohibition substantially in the following form:
"Possession of an open container of an alcoholic beverage or consumption of an alcoholic beverage is prohibited in this parking lot. Article 26 of the Davis Municipal Code."
Such sign shall be no smaller than seventeen inches by twenty-two inches in size, shall contain lettering at least one inch in height, and shall be mounted so that the lower edge of the sign is at least four feet, and the top edge does not exceed seven feet above ground level. The property owner shall have sole responsibility for the construction and maintenance of such sign.
(d) 
Notwithstanding the general prohibition against possession of an open container of alcoholic beverages or the consumption of an alcoholic beverage in the greenbelts and bike paths which provides sufficient notice to the public of this prohibition, the city community services department may also post appropriate signs in greenbelt or bike path areas such as those greenbelt areas that include amenities such as playgrounds, picnic areas and viewing areas to further advise the public that the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage is not permitted.
(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2206 § 3, 2005; Ord. 2207 § 3, 2005; Ord. 2292 § 1, 2007; Ord. 2390 § 3, 2012)
Any person who desires to consume or possess an alcoholic beverage during a special event, in which a permit is required under Section 26.04.020(a), may apply for an open container permit. The open container permit application shall be submitted to the police department in conjunction with an encroachment, street use or similar permit, or shall be submitted as a separate open container permit if no other permit is required. The cost of such permit shall be in accordance with the city master fee schedule. Permits not issued in conjunction with an encroachment, street use or similar permit shall be subject to the following:
(a) 
If the special event will involve ten or fewer people, an open container permit shall be submitted to the police department within three business days of the date in which the special event is anticipated to occur.
(b) 
If the special event will involve eleven or more people, an open container permit shall be submitted to the police department within sixteen business days of the date in which the special event is anticipated to occur. During the sixteen business days, notice of the application shall be provided by the applicant to all residents who reside within two hundred feet of the proposed special event.
(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2292 § 1, 2007)
It shall be unlawful for any person who has in his or her possession an open container of beer, wine, or any alcoholic beverage or intoxicating liquor, to enter, be, or remain on, the premises of (including the parking lot and public sidewalk immediately adjacent thereto) any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the State Business and Professions Code, if those premises contain a clearly visible notice(s) prohibiting such possession.
(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2292 § 1, 2007)
A violation of this article shall constitute an infraction, punishable by a fine or other appropriate alternative remedy.
(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2292 § 1, 2007)