(a) No person shall place, maintain, suspend, affix or attach any banner, flag, marquee, canopy or awning bearing any words or figures referring in any manner to any malt, vinous, fermented or spiritous liquors to or upon any building or premises occupied by any place of business where food is served or prepared for consumption on the premises where malt, vinous, fermented or spiritous liquor or any admixture thereof is sold, offered for sale, and served and consumed on said premises.
Provided that signs, other than banners, flags, marquees, canopies or awnings, referring to malt, vinous, fermented or spiritous liquor may be placed or attached to or on the front, sides or back of any such building or premises, providing that no area of the building upon which such sign is maintained abuts or faces property used for residential purposes, and further provided that no such sign shall be affixed, attached or painted so as to conceal or obstruct the clear view through the doorway or windows of any such premises occupied as aforesaid.
(b) No person shall place, maintain, affix or attach on, in, over or upon any window on any premises or building mentioned in this section, any substance which in any way obstructs the clear vision or view through any door or window of the interior of such place from the exterior thereof above a line parallel to the lower sill thereof and distant four feet from the highest point of the surface of the sidewalk adjacent to and immediately in front in such building and premises. Provided that the provisions of this subsection shall not apply to any bona fide permanently constructed window display, shelving or housing which does not substantially obstruct the clear vision or view through any such window of the interior of such place from the exterior thereof.
The provisions of this subsection with respect to obscuring windows at places where alcoholic beverages are sold may not be enforceable, as it had been held that a municipality may not by ordinance prohibit maintenance of a public eating place where alcoholic beverages are served because it had a window so obscured that one may not look into said place from the street. Such matters are exclusively within the jurisdiction of the State Board of Equalization.
People v. Fine, CR AP 2521
Citing: People v. Leaf, CR AP 2337; People v. Steponovich, CR AP 2183; ART. XX, Sec. 22, Constitution of the State of California.