ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 9, CHAPTER 9.64, SECTION 9.64.020 OF THE
STOCKTON MUNICIPAL CODE TO PROHIBIT THE POSSESSION OF OPEN CONTAINERS
OF ALCOHOLIC BEVERAGES IN CERTAIN PUBLIC PLACES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds that amending Title 9, Chapter 9.64, Section
9.64.020 of the Stockton Municipal Code ("SMC") is necessary to address enforcement challenges associated with public alcohol consumption. The current municipal code prohibits public consumption but lacks a specific prohibition against possessing an open container in public, making enforcement dependent on proof of actual consumption rather than possession of an open container. Expanding enforcement from public consumption to the possession of open alcoholic beverage containers in public places promotes public safety, reduces public alcohol-related disturbances, decreases community litter, and provides law enforcement with a clear, consistent, and practical enforcement standard.
SECTION II. AMENDMENT OF CODE
Title 9, Chapter 9.64, Section 9.64.020 of the Stockton Municipal Code is hereby amended and shall read as follows:
§ 9.64.020. Possession of open containers of alcoholic beverages in public places.
A. It is unlawful and an infraction for any person to possess an open container of any alcoholic beverage in the following locations:
1. Public places, property, or vehicles in said public places, including, but not limited to:
City facilities, public street, alley way, sidewalk, parkway, school grounds, playground, waterway, slough, or bed, bank or levee of a slough or waterway, unless the possession of alcoholic beverages in such public place or places has been authorized by the Council of the City or other applicable provisions of this Code;
2. Private property open to public view or hearing from any of the public places named above, including, but not limited to: vacant lots, emergency exits of such places of public assemblage as theaters and hotels, private automobiles, parking lots, railroad rights-of-way, school grounds and play grounds, unless permission for the possession of alcoholic beverages on such private property has previously been given by the owner or lessee thereof; and
3. Within the limits of any park now owned or to be hereafter owned by the City, either inside or outside the limits of the City, which park has been designated by the City Manager pursuant to Section 9.64.010; provided, however, that the designated park has been posted as provided in subsection B of this section.
B. Posting of Signs. Each park which has been designated by the City Manager pursuant to subsection A of this section shall be posted with signs not less than one square foot in area and upon which, in lettering not less than one-half inches in height, appear the words, "POSSESSION OF AN ALCOHOLIC BEVERAGE WITHIN THIS PARK IS FORBIDDEN BY LAW. SMC 9.64.020(A)(3)."
C. Destruction of Property. It is unlawful for any person without authority to tear down, deface or destroy any sign posted pursuant to this section.
D. Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section:
1. “Alcoholic beverage” means an alcoholic beverage as defined in California Business and Professions Code section 23004, as that section may be amended from time to time.
2. "Open container" means any bottle, can, jug, box or other receptacle containing an alcoholic beverage that is open, has been opened, or which has a broken seal.
3. "Public property" means any property owned or controlled by the city of Stockton, including, but not limited to, a street, sidewalk, bike path, alley, parking lot or public park.
4. "City facilities" means structures, buildings or parks owned or controlled by the city of Stockton.
E. Exceptions. This section does not prohibit the possession of an open container of an alcoholic beverage:
1. At sidewalk or boardwalk tables located within the area authorized by an encroachment permit issued by the City and adjacent to a bona fide public eating place, as defined in California Business and Professions Code section 23038, when the alcoholic beverage was lawfully purchased from the bona fide public eating place and possession and consumption at the sidewalk or boardwalk tables are authorized by the applicable license or permit issued by the Department of Alcoholic Beverage Control;
2. Within a structure or designated area located in a park or other public space for which the Department of Alcoholic Beverage Control has issued a license or permit authorizing the possession and consumption of alcoholic beverages;
3. At a City facility during an approved City event when the possession and consumption of alcoholic beverages have been specifically authorized by the City;
4. On public property for which the City has issued a permit for temporary use and occupancy, when the permit specifically authorizes the possession, sale, or consumption of alcoholic beverages as part of the permitted activity; or
5. In an entertainment zone during an entertainment-zone event, to the extent possession and consumption of alcoholic beverages are authorized by this Code.
SECTION III. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
SECTION IV. EFFECTIVE DATE
This ordinance shall be in full force and take effect 30 days after its passage.
ADOPTED: _________________
EFFECTIVE: ________________
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton