A.    Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this section:

    "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine, beer, and which contains one-half of one 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.

    "Consumption of alcoholic beverages" and/or the phrase "consume an alcoholic beverage" means the drinking or other ingestion of an alcoholic beverage.

    "Open container of alcoholic beverages" means a bottle, can, or other receptacle which contains alcoholic beverages and has been opened, or a seal broken, or the contents partially removed.

    B.    Prohibition on the possession and consumption of alcoholic beverages. It shall be unlawful for any person to possess an open container of an alcoholic beverage or to consume an alcoholic beverage upon any of the following properties within the city:

    1.    Upon any public street, sidewalk, alley, parking lot, or other property which is owned by or leased to the city and open to the members of the general public, except for:

    a.    Any city park or playground in which the possession and consumption of alcoholic beverages is regulated by the park and recreational are regulations in Chapter 12.32 or this code; and    b.    Any city property which is leased to a third party in which the lease agreement prohibits the possession and consumption of alcoholic beverages; and9.08.030

    2.    Upon any private parking lot which is located on property used for commercial purposes, except where the owner or other person entitled to the possession of the parking lot has given his or

her prior consent to the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage with such private parking lot.

    C.    Exceptions. Notwithstanding subsections a and b above, the consumption of alcoholic beverages may be permitted on a public property and public places when the property or place is specifically designated for such use by resolution by the city council.  Prior to consumption on the site so designated notice of the exception must be posted on the property.  The consumption of alcoholic beverages on public school property is regulated by the provisions of California Business and Professions Code Section 25608 rather than by this section.

    D.    Consumption of alcoholic beverages--Minors. It is unlawful for any person under the age of twenty-one to drink, consume, transport, convey or possess an alcoholic beverage on private property open to public view.

    E.    Violation of this section constitutes a misdemeanor and is punishable by a fine of one thousand dollars or imprisonment in the county jail for a period not to exceed one year. (Ord. 617 § 1, 2003; Ord. 602 § 1, 2002: Ord. 552 § 1, 1997: Ord. 522 § 1, 1995: prior code § 14-7)