A. Prohibited conduct. No person who has in their 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 premises. Any person violating this provision shall be guilty of an infraction.

B. Required posting of signs. All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business and Professions Code to operate in the City of Berkeley shall post such licensed premises with permanent signs clearly visible to: (1) the patrons of the licensee; (2) persons using the parking lot immediately adjacent to the licensed premises; and (3) to persons on the public sidewalk immediately adjacent to the licensed premises, that the provisions of subsection A. are applicable. Such signs shall include language that states that possession of any opened alcoholic beverage container outside the store is prohibited by law. Any licensee who does not so post the required signs is guilty of an infraction.

C. Definitions.

D. Severability. The subsections of this section are severable. The invalidity of a section or subsection shall not affect the validity of the remaining sections or subsections.

E. Non-Exclusivity. Nothing in this section shall affect or preclude the enforcement of other laws regulating the possession of opened alcoholic beverages in public places or places open to the public. (Ord. 5976-NS §§ 1--6, 1990)