§ 14-10. Alcoholic Beverages on Public Property Prohibited.

14-10.1 Consume, Dispense, or Furnish in Certain Places. It shall be unlawful for any person to consume, dispense, or furnish any alcoholic beverages upon a public sidewalk, public pedestrian way, public street, or publicly-owned open space, creek or creek right-of-way in this city, without first obtaining a permit from the chief of police to allow the dispensation of such beverages.

Application for such a permit shall be on a form provided by the police department and must be submitted at least 30 days prior to the date of dispensation on such public property.

In reviewing the permit application, the chief of police shall take into consideration the time, place, and manner of the event, the public health and safety factors, the appearance of the city property if the permit were granted, any adverse background factors involving the applicant or involving any relevant aspect of the event and, in general, the best interests of the city.

The chief of police may deny the application if, in his best judgment, taking into consideration the above factors, it would not be in the public interest to grant the permit. Any decision of the chief of police may be appealed directly to the city council.

The permit shall specify, among other things, the time and location for the consumption, dispensation, and furnishing of such alcoholic beverages.

(Ord. No. 857, §1; Ord. No. 1017, §1)

14-10.2 City Parks, Playgrounds or Recreation Areas. It shall be unlawful for any person to possess, consume, dispense or furnish any alcoholic beverages in any city park, playground or recreation area, except as part of a group activity in a designated group picnic area for which a park permit has been issued pursuant to section 10-4 of this code, and only after having obtained the appropriate permit from the city, allowing the possession, consumption and dispensing of alcoholic beverages.

(Ord. No. 857, § 2; Ord. No. 1178, § 1; Ord. No. 1185, § 1)

14-10.3 State Law Predominate. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the State of California.

(Ord. No. 857, § 3)

14-10.4 Penalties. Any person convicted of a violation of this section is guilty of a misdemeanor and shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

(Ord. No. 857, § 4)