The City Council finds that the adoption and enforcement of this chapter will assist in addressing the problems associated with the consumption and possession of alcoholic beverages in public, including vandalism, litter, trespassing, unlawful loitering, public urination, disturbing the peace and violence.
The Council also finds that regulating and prohibiting consumption and possession of alcoholic beverages in public is necessary to preserve the public's health, safety and welfare by curbing the aforementioned activities which frequently accompany the overconsumption of alcohol in public places.
(Ord. 1921 § 1 (Exh. A), 2010; Ord. 2065 § 1(A), 2018)
No person shall drink beer, wine, or other alcoholic beverage:
A. 
On any street, sidewalk, way, alley, public parking lot or public park unless expressly permitted under a special event permit issued pursuant to Chapter 12.45 LMC, an outdoor dining permit issued pursuant to Chapters 6 and 10 of the Development Code; or
B. 
Within 50 feet of any public way while on private property open to public view without the express permission of the owner, the owner's agent or person in lawful possession thereof.
This section shall not be deemed to make punishable any act or acts which are prohibited by any statute of the state of California.
(Ord. 1921 § 1 (Exh. A), 2010)
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 on any street, sidewalk, way, alley, public parking lot or public park.
B. 
This section does not apply where the possession is within premises located in a park or other public place for which the Department of Alcoholic Beverage Control has issued a license or for which a special event or outdoor dining permit has been issued.
C. 
This section does not apply when an individual is in the possession of an alcoholic beverage container for the purpose of recycling or other related activity.
D. 
This section does not apply to possession of wine or beer on any street or sidewalk while closed to vehicular traffic pursuant to a special event permit that expressly permits the serving of wine or beer while the permit is in effect.
E. 
This section does not apply to possession and transport of a corked bottle of wine removed from a bona fide eating place pursuant to California Business and Professions Code Section 23396.5.
F. 
This section is enacted pursuant to California Business and Professions Code Section 25620.
(Ord. 1921 § 1 (Exh. A), 2010)
A. 
No person who has in his or her possession 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, 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 California Business and Professions 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 and the parking lot immediately adjacent to the licensed premises.
C. 
Every retail establishment licensed pursuant to Division 9 (commencing with Section 23000) of the California Business and Professions Code shall post its premises within 90 days of the effective date of the ordinance codified in this chapter with clearly visible notices, in a form and manner approved by the City, indicating to the patrons of the licensee and parking lot that the provisions of this section are applicable.
(Ord. 1921 § 1 (Exh. A), 2010; Ord. 2065 § 1(A), 2018)
A. 
Any person who violates any provision of LMC § 9.29.020 shall be deemed guilty of a misdemeanor. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1,000, or by both such fine and imprisonment.
B. 
Any person who violates any provision of LMC § 9.29.030 or § 9.29.040 shall be deemed guilty of an infraction. If charged as an infraction the penalty upon conviction of such person shall be a fine as set forth in LMC § 1.16.010.
(Ord. 1921 § 1 (Exh. A), 2010)