HomeMy WebLinkAboutOrd 1987-2232 ORDINANCE NO. 2232
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 9.15.010 RELATING TO OPEN CONTAINERS
The City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: That Section 9.15.010 of the Chula Vista
Municipal Code is amended to read as follows:
Sec. 9.15.010 Open alcoholic beverage containers
prohibited ~/~/~f~f~.
A. Any 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, and who enters, in on, or remains on the
posted premises of, any retail package off-sale
alcoholic beverage licensee licensed pursuant to
Division 9 of the Business and Professions Code, or
on any public sidewalk immediately adjacent to the
licensed premises is guilty of an infraction.
B. All retail package off-sale alcoholic beverage
licensee licensed pursuant to Division 9 of the
Business and Professions Code to operate in the City
of Chula Vista shall post such licensed premises
with notices clearly visible to patrons of the
licensee and parking lot and to person on the public
sidewalk that the provisions of Subsection A of this
section are applicable. Such notices shall include
language that states that possession of any opened
alcoholic beverage container is prohibited by law.
Any licensee who does not so post the licensed
premises is guilty of an infraction.
C. As used in this section "posted premises" means
those premises which are subject to licensure under
any retail off-sale alcoholic beverage license, the
parking lot immediately adjacent to the licensed
premises and any public sidewalk immediately
adjacent to the licensed premises which are posted
with notices pursuant to subsection B.
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D. As used in this section, "parking lot immediately
adjacent to the licensed premises" means any parking
lot under the control of or operated in conjunction
with the licensed premises, except a private
residential parking lot immediately adjacent to the
posted premises, unless such private residential
parking lot also constitutes a "semi-public parking
lot" as defined in Subsection E.
E. Any person who consumes alcoholic beverages, or 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, and enters
upon any public street, sidewalk, parkway, public
parking lot, or semi-public parking lot, is guilty
of an infraction. The term "semi-public parking
lot" means any area wherein motor vehicles are
parked by the public in conjunction with any
business, enterprise, commercial establishment,
office building, or apartment building.
F. The subsections of this section are severable. The
invalidity of a subsection shall not affect the
validty of the remaining subsections.
SECTION II: This ordinance shall take effect and be in
full force on the thirty-first day from and after its adoption.
Presented and Approved as to form by
T ron, City Attorney
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
°Y OF CHULA VISTA· CALIFORNIA· HELD September 15 , 19 87 · AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD September 22 ·
19 87 , BY THE FOLLOWING VOTE· TO-WIT:
AYES: Councilmen: Malcolm. MrC~ndli.q.q. Cox. Moore. Nader
NAYES; Councilmen: None
ABSTAIN: Councilmen: None
ABSENT: Councilmen: None
/~f ~ City of Chulo Vista
0 e
ATTEST~ ~ ~
',. /E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chdo Vista, California,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
ORDINANCE NO. 2~32 ,end thot the some hoe not been omendedor repeoled.
DATED
City Clerk
Cl~ OF
CHULA VISTA
CC-660