1 ORDINANCE NO. 2025-
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 11.10 TO TITLE 11 OF THE MENIFEE MUNICIPAL
CODE RELATING TO THE POSSESSION OF OPEN ALCOHOLIC BEVERAGE
CONTAINERS
WHEREAS, the City of Menifee finds that the possession and consumption of open alcoholic beverages in public places can lead to increased public disturbances, litter, and unlawful activities; and WHEREAS, the City of Menifee has an interest in promoting public safety and enhancing the quality of life within the City, and deems it necessary to establish and regulate the possession of open alcoholic beverage containers in certain public areas, and on private property that is open to the public view from public spaces; and
WHEREAS, the City Council desires to repeal and replace Chapter 11.10 to Title 11 of the Menifee Municipal Code, establishing regulations for possession of open alcoholic beverage containers; and
WHEREAS, on [insert date], the City Council held a duly noticed public meeting at which time members of the public had the opportunity to review the documents presented to the City Council and provide oral comments to the City Council concerning this Ordinance.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1.Chapter 11.10 to Title 11 of the Municipal Code is repealed in its entirety and shall be replaced with the new provisions establishing updated regulations for open alcoholic beverage containers as set forth in Exhibit “A”, attached hereto and incorporated herein in full.
Section 2.Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Menifee hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sub-divisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective.
Section 3. Effective Date. This Ordinance shall take effect 30 days from the date of its adoption.
Section 4.The Mayor shall sign this ordinance, and the City Clerk shall attest and certify to the passage and adoption of this Ordinance and cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933. 2 This Ordinance was introduced and read on the Day day of Month, Year and APPROVED AND ADOPTED this Day of MONTH USING CAPS, Year.
___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
3 EXHIBIT A
TITLE 11: PEACE, MORALS, AND SAFETY
CHAPTER 11.10
POSSESSION OF OPEN ALCOHOLIC BEVERAGES CONTAINERS
Sections:
11.10.010 PURPOSE
11.10.020 DEFINITIONS
11.10.030 OPEN ALCOHOLIC BEVERAGE CONTAINERS NEAR ALCOHOL OFF-SALE PREMISES; POSTING REQUIRED
11.10.040 OPEN ALCOHOLIC BEVERAGE CONTAINERS IN THE IMMEDIATE VICINITY OF A
BAR, NIGHT CLUB, BEER GARDEN OR OTHER FACILITY SELLING ALCOHOLIC
BEVERAGES
11.10.050 POSSESSION OF OPEN ALCOHOLIC BEVERAGES PROHIBITED
11.10.060 VIOLATIONS AND ENFORCEMENT
11.10.070 EXCEPTIONS AND PERMITTED AREAS
§ 11.10.010 PURPOSE.
Public property and public areas within the City should be readily accessible and available to residents and the public at large. The consumption of alcoholic beverages in these areas can constitute a public health and safety hazard that adversely impacts neighborhoods, commercial areas and the general welfare of the City. The City desires to promote the use and enjoyment of public property within the City, while balancing special events where alcoholic beverages may be permitted with appropriate conditions and regulations in place.
§ 11.10.020 DEFINITIONS.
As used in this Chapter, the following definitions shall apply. For purposes of this Chapter, these definitions shall supersede any conflicting definitions of the same terms elsewhere in this Code.
ALCOHOLIC BEVERAGE. Shall include alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances as defined in Business and Professions Code Section 23004.
PUBLIC PLACE. Shall mean any property owned or controlled by the City of Menifee or any other public entity, including but not limited to, any street, alley, sidewalk, right-of-way, parking lot, playground, parking facility, public building, or park.
OPEN CONTAINER. Shall mean any bottle, can, or other receptacle that contains an alcoholic beverage, which has been opened, or has a broken seal, or the contents of which have been partially removed. § 11.10.030 POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS NEAR ALCOHOL OFF-SALE PREMISES; POSTING REQUIRED
(A) It is unlawful for 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, to enter, be or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with 4 § 23000), or on any public sidewalk immediately adjacent to the aforementioned licensed and posted premises.
(B) As used in this section, POSTED PREMISES means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the 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, the parking lots and persons on the public sidewalk, that the provisions of this section are applicable. The provisions of this section do not apply to a private residential parking lot which is immediately adjacent to the posted premises.
(C) All retail package off-sale alcoholic beverage licensees licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with § 23000) shall install and maintain signs on the licensed premises, clearly visible to the patrons of the licensee and to persons in or on any parking lot or public sidewalk immediately adjacent to the licensed premises, which notify all persons that the provisions of subsection (A) above are applicable.
§ 11.10.040 OPEN ALCOHOLIC BEVERAGE CONTAINERS IN THE IMMEDIATE VICINITY OF A
BAR, NIGHT CLUB, BEER GARDEN OR OTHER FACILITY SELLING ON-SALE ALCOHOLIC BEVERAGES.
(A) It is unlawful for any person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or seal broken, or the contents of which have been partially removed, to enter upon or to remain upon any posted parking lot and/or sidewalk in the immediate vicinity of any on-sale retail alcoholic beverage licensee including, but not limited to, a bar, beer garden, or nightclub licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with § 23000).
(B) As used in this section, POSTED PARKING LOT or POSTED SIDEWALK means any parking lot or sidewalk in the immediate vicinity of the licensed premises; provided that, at all locations clearly visible notices indicate to persons on sidewalks and parking lots in the immediate vicinity that the provisions of this section are applicable.
(C) As used in this section, IMMEDIATE VICINITY shall mean within 1,000 feet of the external walls of the building(s) or parking lots where alcoholic beverages are being sold or served or within 1,000 feet of seating areas where the beverages are being sold or served, including outside patio areas.
(D) All on-sale retail alcoholic beverage licensees licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with § 23000) shall install and maintain signs on their licensed premises, clearly visible to the patrons of the licensee and to persons in or on any parking lot or sidewalk in the immediate vicinity of the licensed premises, which shall notify all patrons and persons that the provisions of this Chapter are applicable. (E) All premises licensed for the sale of alcoholic liquid shall post a notice at each exit stating, “No beer, liquor or wine may be carried out of this building in an open container.” 5 § 11.10.050 POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS PROHIBITED IN
PUBLIC PLACES
It is unlawful for any person to possess an open container of any alcoholic beverage in any public place within the City, whether or not the person is in or upon any automobile, bicycle, E-conveyance or other vehicle, except as otherwise provided in this Chapter.
(A) No person shall possess any alcoholic beverage in an open container or consume any alcoholic beverage in or upon any public street, alley, sidewalk, parkway, or other public place within the City.
(B) No person shall partake of any alcoholic beverage in any place open or accessible to the general public, which is not licensed to permit such consumption on such premises, or for the owner, manager, or person in charge of such premises to permit such consumption. § 11.10.060 VIOLATIONS AND ENFORCEMENT
(A)Misdemeanor. Any person who violates sections 11.10.030, 11.10.040, or 11.10.050 of this Chapter shall be guilty of a misdemeanor as provided in Chapter 1.01 of the Menifee Municipal Code.
(B)Administrative citations. Any person who violates sections11.10.030, 11.10.040, or 11.10.050 of this Chapter shall be guilty of violating the Menifee Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.03 the Menifee Municipal Code.
(C)Non-exclusivity. Nothing in this Chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this Chapter. § 11.07.070 EXCEPTIONS AND PERMITTED AREAS.
(A) The provisions of this Chapter shall not apply to the possession or consumption of alcoholic beverages in designated areas where the sale, possession, or consumption of alcoholic beverages is permitted under applicable state and local laws, including, but not limited to:
(1) Special events permitted by the City where alcoholic beverages are allowed, such as festivals, fairs, or community celebrations.
(2) City facilities where consumption of alcohol is allowed by permit.
Private premises, or during approved private events held at public facilities in accordance with local regulations and permits.