Drinking in Public: Santa Monica and Venice Beach

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Heads up to everyone that attends the Santa Monica Pier “Twilight Dance Series“: The Santa Monica City Council just passed a new amendment to 4.08.200 of the Municipal Code that makes it easier for the police to ticket people for open containers in the public parks and beaches of Santa Monica!

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The ordinance, which was requested by the Santa Monica Police Department, amends the City’s existing law’s prohibition against drinking in public by further prohibiting any person from carrying open alcoholic containers within public parks and beaches. The ordinance provides an exemption to persons consuming alcohol or carrying alcoholic containers on public property, if they are doing so pursuant to a City issued license, permit, or lease which authorizes such activities.

Curious as to what the laws on drinking in public are here in Venice Beach? Peep all of L.A.M.C. 41.27 after “the jump”!

SEC. 41.27. INTOXICATION.

(a) (None)
(b) (None)

(c) No person shall drink any malt, spirituous or vinous liquor containing more than one-half of one per cent of alcohol by volume, upon any street, sidewalk or parkway, park, playground, Los Angeles Memorial Coliseum, or in any railroad depot or bus station, or in any public place, or in any place open to the patronage of the public, which premises are not licensed for the consumption of such liquor on the premises.

(d) 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 of the State of California, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating any provision of this subsection shall be guilty of an infraction. (Added by Ord. No. 158,498, Eff. 12/31/83.)

(e) 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 (d) of this section are applicable. Any licensee violating any provision of this subsection shall be guilty of an infraction. (Added by Ord. No. 158,498, Eff. 12/31/83.)

(f) As used in Subsections (d) and (g) of 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 have placed pursuant to the provisions of Subsection (e) of this section. (Added by Ord. No. 158,498, Eff. 12/31/83.)

(g) The provisions of Subsections (d) and (e) of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises. (Added by Ord. No. 158,498, Eff. 12/31/83.)

(h) No person shall have in his or her possession, with intent to consume any part of the contents thereof in any public place not licensed for the consumption thereof, 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, upon any street, sidewalk or parkway, park, playground, Los Angeles Memorial Coliseum, or any railroad depot or bus station, or in any public place, or in any place open to the patronage of the public, which premises are not licensed for the consumption of such alcoholic beverage on the premises. Any person violating any provision of this subsection shall be guilty of an infraction. (Amended by Ord. No. 160,458, Eff. 11/28/85.)*

* Note: Section 41.27(h) was declared unconstitutional in People v. Duran, 43 Cal. App. 4th Supp.1.

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