§ 9.08.180. Alcoholic beverages on public streets or on adjacent private property thereto.

A.

No person shall drink any alcoholic beverage: (1) on any public street, sidewalk, alley, highway, city park, city recreation area, city open space or playground; or (2) within fifty (50) feet of any public street, sidewalk, alley, highway, city park, city recreation area, city open space, or playground while on private property open to public view without the express permission of the owner, his or her agent, or the person in lawful possession thereof.

B.

This section shall not apply to persons participating in events for which a short-term encroachment permit has been granted as provided in Section 12.08.060 of this code, or a park use permit issued by the Office of Parks and Recreation allowing for use of alcoholic beverages under specified conditions, and which shall contain the following conditions:

1.

Alcoholic beverages consumed or possessed at such events or entertainment shall not be in glass or metal containers except as specified.

2.

Sponsors of such events shall comply with all state laws relating to the sale of alcoholic beverages.

3.

Sponsors of special events or entertainments shall provide toilet facilities as provided for in Section 12.64.360 of this code.

4.

Except as exempted in subdivisions (5) and (6) of this subsection, the sale, distribution and/or consumption of alcoholic beverages in any city park area, city recreation area, city open space or playground shall be restricted to fully enclosed perimeter areas (not requiring a roof), buildings, tents or structures.

5.

The following city park facilities shall be exempted from the enclosed space requirements of subdivision (4) of this subsection, Camron Stanford House (within enclosed garden area only), Dunsmuir House and Garden, Knowland Park Zoo (within fenced zoological park area only).

6.

The consumption of beer and wine (not including ales, malt liquors or fortified wines) shall be exempted from the enclosed space requirements of subdivision (4) of this subsection, at designated picnic grounds in Joaquin Miller Park, provided that a valid park use permit shall be required for all such consumption.

7.

Sponsors of events shall comply with all other conditions as required by the Director of Parks, Recreation and Cultural Services and by rules promulgated by the Chief of Police. Ord. 12067 § 1, 1998: prior code § 3-4.21)