or any other intoxicating beverage for that matter.
SECTION 8-120. DRINKING ON STREET OR PLAYGROUND. (a) No person shall drink any beer, wine or other intoxicating beverage on any street, sidewalk, pedestrian mall, alley, highway, playground, parking lot open to the general public or other lot open to the general public. (b) Subsection (a) of this section shall not be deemed to make punishable an act or acts which are prohibited by any statute of the State of California. (c) Subsection (a) of this section shall not apply to any person in an encroachment area posted pursuant to subsection (d) of this section during business hours of the permittee restaurant. (d) The operator of any restaurant which serves any beer, wine, or other intoxicating beverage for consumption in an area operated for restaurant purposes on any street, sidewalk, or pedestrian mall pursuant to an encroachment permit issued by the Council shall post and maintain signs in or adjacent to the encroachment area reasonably calculated to give notice of the limits of the area and the exception contained in subsection (c) of this section. The number, content, physical features, and locations of such signs shall be only as approved by the Police Chief. The external boundaries of any encroachment area in which intoxicating beverages may be consumed shall be clearly designated by a painted line referred to in the signs. (e) Subsection (a) of this section shall only apply to a parking lot or other lot open to the general public if: (1) Pursuant to the property owner’s written request, the Police Chief has determined that the lot is open to the general public, and (2) The owner or operator has posted in a conspicuous place at each entrance to the lot a notice, approved by the Police Chief, to the effect that the lot is subject to the provisions of this section. (f) Notwithstanding subsection (a) of this section, the Parks and Recreation Director may authorize the consumption of alcoholic beverages during an event of limited duration held in a mall area as defined in Section 11-109 of this Code and conducted by an organization when the event is for the benefit of a nonprofit organization, a charitable purpose, or the city. (Orig. Ord. 4028; Am. Ord. 6146, 1962; Am. Ord. 72-109, 1972; Am. Ord. 82-10, Â§Â§ 1, 2, eff. 2-19-82; Am. Ord. 84-82, Â§ 1, eff. 7-13-84).
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