SEC. 7-125.  CONSUMPTION AND POSSESSION OF ALCOHOL.
   (A)   Consumption of alcoholic beverages on streets and public places.  No person shall consume beer, wine or other alcoholic beverage, as defined by the Alcoholic Beverage Control Act of the State of California:
      (1)   While upon any publicly owned property in the city, improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; publicly owned, maintained or operated parks; publicly owned, maintained or operated landscaped areas or greenbelts; publicly owned, maintained or operated open spaces, including, but not limited to, those adjacent to city hall or other public facilities or buildings of any kind; public sidewalks, curbs and gutters; public educational institutions; or other government-owned, -maintained or -operated properties located within the city.
      (2)   Upon any private street, building or private property within the city without the consent of the person or entity in possession or control thereof.
   (B)   Possession of alcoholic beverages on streets or other public places.
      (1)   No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or contents of which have been partially removed while upon any publicly owned property in the city, improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; publicly owned, maintained or operated parks; publicly owned, maintained or operated landscaped areas or greenbelts; publicly owned, maintained or operated open spaces, including, but not limited to, those adjacent to city hall or other public facilities or buildings of any kind; public sidewalks, curbs and gutters; public educational institutions; or other government owned, maintained or operated properties located within the city.
      (2)   This section does not apply when an individual is in the possession of an alcoholic beverage container for the purpose of recycling or other related activity.
      (3)   This section does not apply to possession and transport of a corked bottle of wine removed from a bona fide eating place pursuant to Cal. Business and Professions Code, Section 23396.5.
      (4)   This section is enacted pursuant to Cal. Business and Professions Code Section 25620.
   (C)   Possession of alcoholic beverages adjacent to a licensed retail establishment.  No person who has in his/her possession any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the California Business and Professions Code.
   (D)   Penalty; misdemeanor or infraction.
      (1)   Any person violating any of the provisions of section 7-125(A) shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $1,000, or shall be imprisoned in the county jail for a period not to exceed six months, or shall receive both such fine and imprisonment.
      (2)   The city may issue a civil citation to any person who violates section 7-125(B) or (C), or prosecute such violation as an infraction.
   (E)   This section shall not be deemed to make punishable any act prohibited or expressly permitted by any law of the State of California; provided further that the provisions of this section shall not prohibit the holding, exercise of dominion over, or consumption of such beverages upon any premises licensed for the consumption of alcoholic beverages on the premises.
(`64 Code, Sec. 20-1)  (Ord. No. 2452; 2774; 2944)