§ 56.56 — Open Alcoholic Beverage Containers Prohibited on Posted Premises

§56.56 Open Alcoholic Beverage Containers Prohibited on Posted Premises

(a) 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, and who enters, is on, or remains on the posted premises of, any retail package off–sale alcoholic beverage licensee licensed pursuant to Division 9 of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed premises is guilty of an infraction. (b) All retail package off–sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business and Professions Code to operate in the City of San Diego shall post such licensed premises with notices clearly visible to patrons of the licensee and parking lot and to persons on the public sidewalk that the provisions of subdivision (a) are applicable. Such notices shall include language that states that possession of any opened alcoholic beverage container is prohibited by law. Any licensee who does not so post the licensed premises is guilty of an infraction. (c) As used in this section “posted premises” means those premises which are subject to licensure under any retail off–sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises which are posted with notices pursuant to subdivision (b). (d) As used in this section “parking lot immediately adjacent to the licensed premises” means any parking lot except those described in subdivision (e) which is contiguous to the licensed premises and any parking lot under the control of or operated in conjunction with the licensed premises. (e) The provisions of this section do not apply to any private residential parking lot immediately adjacent to the posted premises. (f) The subsections of this section are severable. The invalidity of a subsection shall not affect the validity of the remaining subsections.

(“Open Alcoholic Beverage Containers Prohibited on Posted Premises” added 9-26-1983 by O–16046 N.S.) (Amended 6-21-2004 by O-19290 N.S.)