Chapter 9.46 ALCOHOLIC BEVERAGE CONTROL

* For statutory provisions authorizing public bodies to abate public nuisances, see Civil Code § 3494; for statutory authority for the sheriff to dispose of wrecked property, see Harbors and Navigation Code § 512 et seq.; for provisions against dumping offensive matter on highways or property, see Penal Code § 374b.

The use of alcoholic beverages by individuals on the premises and in the immediate vicinity of retail package off-sale alcoholic beverage licenses within the unincorporated area of the county creates serious social and law enforcement problems. These problems include public intoxication and increased access to alcoholic beverages by minors, and often result in the disturbance of the public peace and the compromise of the public safety. This chapter is a measure necessary to control the use of alcoholic beverages on the premises and in the immediate vicinity of retail package off-sale alcoholic beverage licensees within the unincorporated area of the county and to promote public peace and safety. (Ord. 482 § l(part), 1984).

As used in this chapter, “posted premises” means any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, any parking lot immediately adjacent to the licensed premises, and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and to persons in the parking lot and the public sidewalk that the provisions of this chapter are applicable. (Ord. 482 § l(part), 1984).

No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be or remain on a posted premises as defined in Section 9.46.020. (Ord. 482 § l(part), 1984).

The provisions of this chapter shall apply only to those premises actually posted as required in this chapter. Each owner of a premises subject to licensure under any retail package off-sale alcoholic beverage license shall cooperate with county authorities in properly posting the premises and adjacent parking lots in a manner sufficient to allow for enforcement of the provisions of this chapter. (Ord. 482 § l(part), 1984).

The provisions of this chapter shall not apply to private residential parking lots immediately adjacent to posted premises. (Ord. 482 § l(part), 1984).