As used in this chapter, the following terms
shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Distilled spirits and all beverages containing one-half of
one percent or more of alcohol by volume. The percentage of alcohol
by volume shall be determined by measuring the volume of the standard
ethyl alcohol in the beverage and comparing it with the volume of
the remainder of the ingredients as though such remaining ingredients
were distilled water. It shall be prima facie evidence that a beverage
is an alcoholic beverage if there is proof that the beverage in question
was or is known as whiskey, moonshine whiskey, wine, rum, gin, tequila,
vodka, scotch, scotch whiskey, brandy, beer, malt liquor or by any
other similar name or names, or was contained in a bottle or can labeled
as any of the above named similar thereto and the bottle or can bears
the manufacturer's insignia, name or trademark. Any person who, by
experience in the handling of alcoholic beverages, or who, by taste,
smell or drinking of such alcoholic beverages, has knowledge of the
alcoholic nature thereof may testify as to whether such beverage is
an alcoholic beverage.
OPEN CONTAINER
Any container where the factory seal has been broken, not
withstanding the fact that the container has been recapped or covered.
Any container which is not the original container into which the manufacturer
placed the product for retail sale shall be considered an open container.
PUBLIC PLACE
All public streets, alleys, sidewalks, bus stops, open space, parks or any other outdoor area to which the general public is licensed or invited to enter, specifically including parking areas of all commercial establishments but specifically excluding outdoor seating areas permitted pursuant to §
130-31.
[Amended 7-1-2011 by Ord. No. 2011-07]
SPECIAL EVENT
Any event which is sponsored or cosponsored by the City of
South Pasadena, or any prearranged meeting, activity, gathering of
a group of persons having a common purpose, design or goal to assemble
and celebrate or acknowledge a holiday, wedding, feast or to conduct
a meeting or otherwise to recognize a similar, specifically identified
social, religious or political occasion or purpose. The possession
and consumption of alcoholic beverages shall not be the primary purpose
of those attending but may be incidental thereto and only if food
is also served.
In the event that the Commissioner of Public Safety denies a request for waiver, the applicant may appeal that decision by filing a notice of appeal with the City Clerk. The notice of appeal shall attach both the written request and the denial. The Clerk shall schedule the matter to be heard before the City Commission on the next available regular Commission agenda. In the event that the date for the special event is prior to the Commission meeting, the applicant shall have the option of amending the request to a future date. In determining whether or not to grant the waiver, the Commission shall apply the criteria contained in §
65-3A.
Violations of this chapter shall be punishable as provided in §
1-16 of the City Code of Ordinances.