Ord 1985 - Amending Section 18.10.015 to prohibit possession of an open container of alcohol in a public placeORDINANCE 1985
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTION 18.10.015 TO PROHIBIT POSSESSION OF AN
OPEN CONTAINER OF ALCOHOL IN A PUBLIC PLACE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 18.10.015 is hereby amended to read as follows:
Sec. 18.10.015. Alcoholic beverage; drinking and open container in public.
(a) No person shall drink any alcoholic beverage upon any public street, lane, alley,
public park, or other public place in the Town, unless the consumption of alcoholic
beverages is expressly permitted for that location pursuant to a Town permit or ordinance,
and the consumption is in conformance with the terms of that permit or ordinance.
(b) No person shall possess any can, bottle, or other receptacle containing any
alcoholic beverage which has been opened, or a seal broken, or the contents of which has
been partially removed, upon any public street, lane, alley, public park, or other public place
in the Town, unless (i) the consumption of alcoholic beverages is expressly permitted for
that location pursuant to a Town permit or ordinance and the possession is in conformance
with the terms of that permit or ordinance, or (ii) the possession is expressly allowed by a
preemptive State law without such a permit.
(c) If a violation of this Section is knowing and willful, the violation is a
misdemeanor. However, the arresting officer or prosecuting attorney may elect to charge
such a violation as an infraction in light of the circumstances of the violation.
SECTION II
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on July 18, 1994 and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
August 1, 1994. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
SIGNED:
MAYOR O OF L GATOS
LOS GAT, FORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA