ORDINANCE NO. 823

AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER IN THE IMMEDIATE VICINITY OF A BAR, NIGHTCLUB, BEER GARDEN, OR OTHER FACILITY SELLING ON SALE ALCOHOLIC BEVERAGES AND TO LICENSEE POSTING AND ADDING SECTION 9.04.05 TO THE RIVERSIDE COUNTY CODE

The Board Of Supervisors of the County of Riverside Ordains as Follows:

Section 1. Ordinance No. 823 is adopted to read as follows and Section 9.04.025 is added to the Riverside County Code to include sections 2 through 5 of Ordinance No. 823

Section 2. It shall be 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 Division 9 (commencing with Section 23000) of the Business and Professions Code.

As used in this ordinance, “posted parking lot” or “posted sidewalk” shall mean 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 ordinance are applicable.

As used in this ordinance, “immediate vicinity” shall mean within one thousand feet (1,000’) of the external walls of the building(s) or parking lots where alcoholic beverages are being sold or served or within one thousand feet (1,000’) of seating areas where such beverages are being sold or served in outside patio areas.

Section 3. 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.

Section 4. 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 in an open container out of this building.”

Section 5. Any person, licensee, firm or corporation violating any provision of this ordinance shall be guilty of an infraction or misdemeanor, consistent with Section 2 of Riverside County Ordinance No. 802, as charged in the discretion of the prosecuting authority.

Section 6. Severability. If any provision, clause, sentence or paragraph of this Ordinance, or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable.

Section 7. This ordinance shall take effect thirty (30) days from the date of adoption.

Ordinance 823 (3.1) 10/1/02 (Eff: 10/31/02)