SR-701-004 (3)
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City Council Meeting 6-9-87
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JUN - 9 1987
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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:
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JUN - q 1981
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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
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