A. Purpose. Public property and public places within the city should be readily accessible and available to residents and the public at large. The consumption of alcoholic beverages in these areas can constitute a public health and safety hazard that adversely impacts neighborhoods, commercial areas, and the general welfare of the city. It is the city's intent to promote the use and enjoyment of public property and public places while balancing special events where alcoholic beverages may be permitted with appropriate conditions and regulations in place.
B. Definitions. As used in this section:
1. "ABC" means the California Department of Alcoholic Beverage Control.
2. "Alcoholic beverage" means any alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, as set forth in California Business and Professions Code Section 23004
3. "City facilities" means structures, buildings or parks owned or controlled by the city of Sacramento.
4. "Open container" means any bottle, can, jug, box or other receptacle that is open or has been opened and contains any alcoholic beverage.
5. "Public property" means any property owned or controlled by the city of Sacramento, including, but not limited to, a street, sidewalk, bike path, alley, parking lot or public park.
C. Possession of Open Containers on Public Property Prohibited. No person shall possess an open container on public property except as provided herein. This section is enacted pursuant to Section 25620 of the California Business and Professions Code.
D. Exceptions.
1. This section does not prohibit the possession of an open container, at sidewalk or boardwalk tables adjacent to the premises, of alcoholic beverages purchased on the premises by the customer of a bona fide eating place, as the term is defined in California Business and Professions Code Section 23038, if the bona fide eating place has obtained a revocable encroachment permit from the city pursuant to Chapter 3.76 authorizing the placement of sidewalk or boardwalk tables and a license from the ABC that permits the sidewalk or boardwalk consumption.
2. This section does not apply:
a. When the possession of an open container of alcoholic beverages is within a structure or designated area located in a park or other public space or area for which an alcohol license has been issued by the ABC.
b. To city facilities during the course of approved city events where the consumption of alcoholic beverages has been specifically permitted.
c. On public property when the city has issued a permit for temporary use and occupancy of public property and the permit provides that alcoholic beverages will be sold or consumed as a part of the function for which the permit is issued.
E. Penalty. Unless another penalty is specified in state law, any person violating this section is guilty of an infraction.
F. Preemption by State Law. This section shall not be construed or interpreted as applicable to any act or acts regulated by state law, but shall be limited to permitted subjects of local regulation not preempted by state law. (Ord. 2016-0030 § 5; Ord. 2006-049 § 2)