9.15.010 Open alcoholic beverage containers prohibited.
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, is 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 a misdemeanor.
B. All retail package off-sale alcoholic beverage licensees 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 persons 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) of this section.
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) of this section.
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 a misdemeanor. 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 validity of the remaining subsections. (Ord. 2232 § 1, 1987; Ord. 2213 § 3, 1987; Ord. 2205 § 1, 1987; Ord. 2051 § 1, 1983).