Ordinance No. 567 - Possession of Alcoholic BeveragesORDINANCE NO. 567
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD ADDING SECTION 4209 TO
THE MUNICIPAL CODE PERTAINING TO
POSSESSION OF ALCOHOLIC BEVERAGES ON
.CERTAIN POSTED PREMISES
THE CITY COUNCIL OF THE CITY_ OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. There is hereby added to the Rosemead
Municipal Code Section 4209, to read as follows:
4209 Possession of opened alcoholic beverage
containers on certain posted premises prohibited.
(a) No 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, shall
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. Any person violating
any provision of this Section shall be guilty of an
infraction.
(b) As used in subdivision (a), "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 lot and to persons on the public sidewalk,
• that the provisions of subdivision (a) of this Section
and subdivision (a) of Section 647e of the California
Penal Code are applicable.
(c) Each retail package off-sale alcoholic
beverage licensee in the City shall post notice on its
premises substantially providing as follows: "NOTICE:
POSSESSION OF OPENED ALCOHOLIC BEVERAGE CONTAINERS ON
THESE PREMISES IS PROHIBITED BY LAW. CAL. PENAL CODE
SECTION 647e. ROSEMEAD MUNICIPAL CODE SECTION 4209."
The number, size, design and location of such notices
shall be subject to the approval of the Los Angeles
County Sheriff's Department. If a licensee fails to
post notice as directed by the Sheriff's Department or
its designee after thirty (30) days written notice to. do
so, the premises shall be deemed to be a public nuisance
and the City shall be authorized to commence nuisance
abatement proceedings pursuant to this Code.
(d) The provisions of this Section shall not apply
to a private residential parking lot which is
immediately adjacent to the posted premises.
Section 2. The City Clerk shall certify to the
adoption of this ordinance and shall cause the same to be
processed according to law.
PASSED, APPROVED and ADOPTED this 12th day of June
1984.
MAYOR
ATTEST:
• CITY LERK
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