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SR-701-004 (3) . ?/l/...-ooq CA:RMM:rmd415jhpca City Council Meeting 6-9-87 . '-I<:. JUN - 9 1987 ~ Santa Monica, California STAFF REPORT TO: Mayor and City council FROM: city Attorney SUBJECT: Recommendation Concerning Amendment of Santa Monica Municipal Code Section 4204a Relating to Alcohol Consumption on Public Property At its meeting on January 13, 1987, the City Council directed the City Attorney to prepare an ordinance amending Santa Monica Municipal Code section 4204a to prohibit possession of open containers of alcoholic beverages in certain public places in the City. For the reasons set forth in this Staff Report, the City Attorney has concluded that the city may not lawfully prohibit the possession of open containers of alcohol. Currently, Santa Monica Municipal Code section 4204a prohibits the drinking of alcohol on certain public property in the city. This Section requires police officers to observe people actually drinking the beverage before a person can be charged with a violation of this section. In order to more effectively enforce proscriptions against public consumption of alcohol, the Police Department would like to be able to issue citations for possession of open containers in those public places where drinking alcohol is prohibited. Article XX, section 22 of the California Constitution provides in relevant part: /,-k JUN - q 1981 - 1 - ... I . state of California . . . shall have the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the state . . Pursuant to this provision, the state has exclusive authority over the possession of alcoholic beverages. Because the provision does not include consumption of alcoholic beverages, it has been held that citys may regulate the consumption of alcohol. See People v. Butler, 252 Cal. App. 2d Supp. 1053, 59 Cal. Rptr. 924 (1967). Thus, the california Attorney General has concluded that cities may regulate the consumption but not the possession of alcoholic beverages. See 40 Ops. Cal. Atty. Gen. 10 (1962)~ 38 Ops. Cal. Atty. Gen. 64 (1961) . RECOMMENDATION It is respectfully recommended that the City Council withdraw its direction to prepare an ordinance prohibiting the possession of open containers of alcohol. PREPARED BY: Robert M. Myers, City Attorney - 2 -