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A. Prohibited Conduct. 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 (Section 23000 et seq.) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating this section shall be guilty of an infraction.

B. “Posted Premises” Defined. As used in subsection A 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 signs indicate to the patrons of the licensee and to persons in the adjacent parking lot or on the adjacent sidewalk, that the provisions of subsection A of this section are applicable. This section can only be enforced on premises that have been posted with such signs.

C. Posting of Signs Required. All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business and Professions Code to operate in the city shall post such licensed premises with permanent signs which shall include language stating that possession of any opened alcoholic beverage container in or outside the licensee's premises, in the adjacent parking lot, or on adjacent sidewalks, is prohibited by law. Signs required to be posted pursuant to this section must be clearly visible to:

1. patrons of the licensees;

2. persons using the parking lot immediately adjacent to the licensed premised; and (3) persons on the public sidewalk immediately adjacent to the licensed premises. Any licensee who does not acquire, post and maintain signs pursuant to this provision is guilty of an infraction. (Ord. 04-01, 2004)