A. Notwithstanding Sections 9.08.030(A) and (B) of this code, it shall not be unlawful to consume or possess open containers of alcoholic beverages under the following circumstances:
1. Any city park or playground in which the possession and consumption of alcoholic beverages is regulated by the park rules adopted in Title 12R of this code;
2. Any portion of the Chico Municipal Airport in which the possession and consumption of alcoholic beverages is regulated by the airport rules and regulations adopted in Title 11R of this code;
3. Any city property, which is leased to a third party in which the lease agreement does not prohibit the possession and consumption of alcoholic beverages;
4. Any portion of a public street, sidewalk, alley, parking lot or other property owned by or leased to the city in which the sale of alcoholic beverages is permitted as part of a franchise granted by the council pursuant to Chapter 14.60 of this code;
5. Any portion of the public right-of-way utilized as an outdoor café pursuant to a license granted under Chapter 14.70;
6. Possession of empty alcoholic beverage containers for the purpose of recycling;
7. Upon any private parking lot which is located on property used for commercial purposes, when the owner or other person entitled to the possession of the parking lot has given prior consent to the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within such private parking lot; or
8. During and within special events if prior written approval is obtained from the city manager or designee or if the city pursuant to Section 12R.08.050 of this code has granted a permit that, during the event, authorizes persons attending the event to possess and consume open containers of alcoholic beverages in areas where such consumption and possession is otherwise prohibited by this code.
(Ord. 2479 §§10, 12)