(a) Except as specified in this Section 21, no person shall consume any alcoholic beverage in any quantity on any public street, avenue, sidewalk, stairway, alley, or thoroughfare within the City and County of San Francisco; nor shall any person consume any alcoholic beverage within 15 feet of any public way or thoroughfare while on a private stairway, doorway, or other private property open to public view without the express or implied permission of the owner, the owner’s agent, or the person in lawful possession thereof.
(b) The provisions of this Section 21 shall not apply to:
(1) the interior portion of any private dwelling, habitat, or building;
(2) the consumption by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content; and
(3) those persons consuming alcoholic beverages while viewing a parade for which a permit has been granted pursuant to Section 367 of this Code.
(c) Further, this Section 21 shall not be applicable in the following areas:
(1) those prescribed areas and during such time for which permission for temporary use or occupancy of public streets and appurtenant areas has been granted by:
(A) The Board of Supervisors pursuant to the provisions of Section 2.70 of the Administrative Code;
(B) The Department of Public Works pursuant to the provisions of Article 5.2 of the Public Works Code for a business establishment anywhere in San Francisco that meets the requirements of a Restaurant or Bar use, defined in Planning Code Section 102, as interpreted by the Zoning Administrator;
(C) The Department of Public Works pursuant to the provisions of Article 5.2 of the Public Works Code for a business establishment that had a valid tables and chairs permit and California Department of Alcoholic Beverage Control beverage license or permit on the effective date of this Section 21; and
(D) Any Shared Spaces permit under Administrative Code Chapter 94A where the business establishment holding that permit has a California Department of Alcoholic Beverage Control beverage license or permit allowing the consumption of alcoholic beverages in the area designated by the Shared Spaces permit; and
(2) Any Entertainment Zone under Administrative Code Chapter 94B during an Entertainment Zone Event or an event held pursuant to a Greater Downtown Activation Permit issued under Administrative Code Chapter 94D and Public Works Code Section 795.
(d) Penalty. Any person who shall violate the provisions of this Section 21
shall be guilty of an infraction, the penalty for which shall be a fine of not less than $25 nor more than $100.