A. No person shall consume any beer, wine or alcoholic beverage while on any street, sidewalk, alley, highway, public playground or public park. Possession of any bottle, can or other receptacle, containing any beer, wine or alcoholic beverage which has been opened or a seal broken, or the contents of which have been partially removed, while on any street, sidewalk, alley, highway, public playground or public park creates a rebuttal presumption that the person possessing the same is consuming its contents. For purposes of this Section, the interior of the Veterans' Memorial Building or the Ivy Substation shall not be considered to be within a public playground or park, and the consumption of alcohol within a duly licensed outdoor dining area shall not be considered to be on a sidewalk. Notwithstanding the provisions of this Subsection, the City Council shall have the authority to grant by resolution an alcohol use permit for the service and consumption of beer and/or wine (as “beer” and “wine” are defined in Cal. Bus. & Prof. Code §§ 23006 and 23007, as amended) in a controlled space at a City-produced or City-sponsored event, located in Veterans’ Memorial Park, or on any street, sidewalk, alley, or highway that has been closed for a City produced or City-sponsored event, upon finding that the issuance of a permit will not be detrimental to the public health, safety or general welfare.
B. This Section shall not be deemed to make punishable any act or acts which are prohibited by any law of the State.
C. Any person who violates or fails to comply with the provisions of this Section shall be guilty of an infraction which shall be punishable pursuant to § 1.01.045 of this Code; except when a person has been convicted of three (3) or more violations of this Section within the twelve (12) months immediately preceding the violation, and then it shall be punishable as a misdemeanor pursuant to § 1.01.040 of this Code. For the purposes of this division, each prior violation which is either admitted by the defendant or alleged in an accusatory pleading, or where defendant forfeited bail, shall be deemed a conviction. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.
('65 Code, § 23-43) (Ord. No. CS-635 § 1; Ord. No. 87-019 § 1; Ord. No. 94-032 § 2; Ord. No. 2005-004 § 1; Ord. No. 2019-008 § 1)