9.08.010 Possession of opened containers of alcoholic beverages on the posted premises of retail package off-sale alcoholic beverage licensees, immediately adjacent areas and adjacent public sidewalks prohibited.

(A) No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal of which has been 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 licensee and posted premises. Any persons violating this provision shall be guilty of an infraction.

(B) For the purposes of this chapter, "retail package off-sale alcoholic beverage licensee" means any retail establishment that has been licensed by the state Department of Alcoholic Beverage Control to sell unopened packages or containers of alcoholic beverages for consumption off the premises.

(C) As used in section (A) of this section, "posted premises" means the premises of any retail package off-sale alcoholic beverage licensee, or the parking lot immediately adjacent to the licensee's premises on which clearly visible notices indicate to the patrons of the licensee and to persons in the adjacent parking lot and on the public sidewalk, that the provisions of subsection (A) of this section are applicable. In order for subsection (A) of this section to be given effect, the premises must be clearly posted to give patrons and persons in the adjacent parking lot and on the public sidewalk immediately adjacent to the licensee notice of the provisions of subsection (A) of this section.

(D) All retail package off-sale alcoholic beverage licensees shall post in accordance with provisions of this section their premises and any adjacent parking lot utilized by the licensee to satisfy its parking requirements. Retail package off-sale alcoholic beverage licensees doing business in the city on the effective date of this section shall post within thirty days after the effective date of the ordinance enacting this section. New retail package off-sale alcoholic beverage licensees starting business after the effective date of this section shall post their premises and adjacent parking lots immediately upon opening for business. The notice to be posted shall read:

IT IS UNLAWFUL TO HAVE AN OPEN CONTAINER WHICH CONTAINS ANY ALCOHOLIC BEVERAGE IN YOUR POSSESSION ON THESE PREMISES.

(American Canyon Municipal Code Section 9.08.010)

(E) The provisions to this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises.