(A) The consumption of alcoholic beverages on a four or more wheeled pedicab is subject to the regulations set forth in this section.
(B) An onboard safety monitor who is 21 years of age or older shall be present whenever alcohol is being consumed by passengers during the operation of the multi wheeled pedicab. The onboard safety monitor shall not be under the influence of any alcoholic beverage and shall be considered as driving the pedicab for purposes of Article 2 (commencing with section 23152) of Chapter 12 of Division 11 of the California Vehicle Code during the operation of the four or more wheeled pedicab.
(C) Both the operator and the onboard safety monitor shall have completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control. Operators and onboard safety monitors must carry proof of completion of a LEAD or LEAD equivalent certification.
(D) Alcoholic beverages shall not be provided by the operator or onboard safety monitor of the multi wheeled pedicab or any employee or agent of the operator or onboard safety monitor. Alcoholic beverages may only be supplied by the passengers of the multi wheeled pedicab. All alcoholic beverages supplied by passengers of the multi wheeled pedicab shall be in enclosed, sealed, and unopened containers that have been labeled pursuant to Chapter 13 (commencing with section 25170) of Division 9 of the Business and Professions Code prior to their consumption on board the four-wheeled pedicab.
(E) Alcoholic beverages may be consumed by a passenger of the multi wheeled pedicab only while he or she is physically on board and within the four-wheeled pedicab.
(F) Alcoholic beverages allowed on board the multi wheeled pedicab are beer in non-glass containers are limited as follows per passenger:
(1) Thirty-six ounces of alcoholic beverages containing 7% ABV or less.
(2) Eighteen ounces of alcoholic beverage containing between 7%-18% ABV.
(G) No hard liquor, pre-mixed drinks, or gelatin-based alcohol shots are permitted on the multi-wheeled pedicab at any time.
(H) All passengers shall be 21 years of age or older if alcohol is consumed during operation of the multi-wheeled pedicab.
(I) For purposes of this section, passengers who are pedaling are not operators of the multi-wheeled pedicab.
(J) A license or permit from the Department of Alcoholic Beverages Control is not required of the operator or onboard safety monitor, so long as neither they, nor their employees or agents sell, serve, or furnish any alcoholic beverage to any passenger.
(Ord. 886-C.S., passed 6-4-19)