2009-29 Alcoholic Beverages ORDINANCE NO. 2009—29
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MENIFEE ADDING CHAPTER 11.10 TO THE MENIFEE MUNICIPAL CODE
PROHIBITING OPEN CONTAINERS OF
ALCOHOLIC BEVERAGES AROUND LIQUOR STORES AND BARS AND
REPEALING RIVERSIDE COUNTY ORDINANCES NO. 694 AND 823
The City Council of the City of Menifee does ordain as follows:
SECTION 1. Chapter 11.10 is added to the Menifee Municipal Code to read as follows:
CHAPTER 11.10: POSSESSION OF OPEN ALCOHOLIC BEVERAGE
CONTAINERS
Sections:
11.10.010 Open containers near alcohol off-sale premises
11.10.020 Open containers near alcohol on-sale premises
11.10.010. 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 Division 9 (commencing with Section 23000)
of the Business and Professions Code, or on any public sidewalk immediately adjacent to the
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 and
parking lots and the 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
Division 9 (commencing with Section 23000) of the Business and Professions Code of the state
of California 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 such persons that the provisions of
subsection (a) of this section are applicable.
11.10.020. 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
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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
Division 9 (commencing with Section 23000) of the Business and Professions Code.
(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
such 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, "immediately vicinity" shall mean within one thousand
(1,000) feet of the external walls of the building(s) or parking lots where alcoholic beverages are
being sold or served or within one thousand (1,000) feet of seating areas where such beverages
are being sold or served in outside patio areas.
(d) All on-sale retail alcoholic beverage licensees licensed pursuant to Division 9
(commencing with section 23000) of the Business and Professions Code of the State of
California shall install and maintain signs on their licensed premises, clearly visible to the
patrons of the license and to persons in or on any parking lot or sidewalk in the immediate
vicinity of the licensed premises, which shall notify all such patrons and persons that the
provisions of this ordinance are applicable.
(e) All such premises licensed for the sale of alcoholic liquid shall post a notice at
each exit stating "No Beer, Liquor or Wine may be carried in an open container out of this
building."
PASSED, APPROVED AND ADOPTED this day of , 2009, by the
following vote:
AYES: &Uyil /
NOES:�nbkb
ABSENT: 716A)
ABSTAIN: 1 UPJ m,
Wallace W. Edgerton, Mayor
ATTEST: Approved as to form:
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Kathy Bennett, City Clerk Elizabeth Marlyn, City Attorney
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