13.36.070 Consumption of alcoholic beverages--In places open to public view prohibited--Exceptions.
A. It is unlawful for any person to partake of any spirituous, malt, vinous, or alcoholic liquors or other alcoholic beverages in or on any park, playground, or community house, or in an automobile while said automobile is on any alley, street, or highway, or on public or private property which is open and accessible to the general public or open to public view.
B. It is also unlawful to possess a previously opened alcoholic beverage container that still contains an alcohol beverage in any public place owned or controlled by the City, or in any recreation and park district, regional park, or open space district within the City.
C. Exceptions to this section are as follows:
1. The consumption of wine or beer may be allowed in community houses during hours when they are normally closed to the general public subject to rules promulgated by the City Manager;
2. The consumption and/or sale of wine, champagne and beer may be allowed at events permitted pursuant to Chapter 6.46 of 13.44; and
3. The consumption and/or sale of wine, champagne and beer may be allowed in open air restaurants and cafes which are open to public view, whether located on private or public property, if and to the extent permitted by state and local laws and ordinances, including the Berkeley Zoning Ordinance.
D. This section shall only be enforced solely as an infraction. (Ord. 7149-NS § 1, 2010: Ord. 6579-NS § 3, 2000: Ord. 6301-NS § 1, 1995: Ord. 5660-NS § 1, 1985: Ord. 5267-NS § 1, 1980: Ord. 5232-NS § 1, 1980: Ord. 2795-NS § 6, 1946)