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California Penal Code Section 647e

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 647e

(a) A city, county, or city and county may by local ordinance
provide that 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, or on any public sidewalk immediately adjacent to
the licensed and posted premises.  Any person violating any provision
of such an ordinance shall be guilty of an infraction.
   (b) As used in subdivision (a), "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
indicate to the patrons of the licensee and parking lot and to
persons on the public sidewalk, that the provisions of subdivision
(a) are applicable.  Any local ordinance adopted pursuant to this
section shall require posting of the premises.
   (c) The provisions of this section shall not apply to a private
residential parking lot which is immediately adjacent to the posted
premises.
   Nothing in this section shall affect the power of a county or a
city, or city  and county, to regulate the possession of an opened
alcoholic beverage in any public place or in a place open to the
public.

Last modified: January 12, 2009