CITY OF

HERMOSA BEACH

MUNICIPAL CODE 
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9.04. 010   Consumption of alcoholic beverage on street, playground or place open to the public.

A. No person shall drink any malt, spirituous or vinous liquor containing more than one-half of one percent of alcohol by volume, upon any street, sidewalk or parkway, park playground, or in any public place, or in any place open to the patronage of the public, which is not licensed for the consumption of such liquor.

B. No person who has in his or her 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 parking lot immediately adjacent to, any retail package off-sale alcoholic beverage establishment licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code of the state of California, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating any provision of this subsection shall be guilty of an infraction.

C. All licensees of retail package off-sale alcoholic beverages licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code of the state of California shall install and maintain signs not less than seventeen (17) inches by twenty-two (22) inches in size with lettering not less than one inch in height on the licensed premises, clearly visible to the patrons of the establishment and to persons in or on any parking lot or public sidewalk immediately adjacent to the licensed premises, which notify all such persons that the provisions of subsections A and B of this section are applicable. Any licensee violating any provision of this subsection shall be guilty of an infraction.

D. As used in subsections B and C of this section, "posted premises" means those premises which are licensed under any retail package off-sale alcoholic beverage license and the parking lot immediately adjacent to the licensed premises on which clearly visible notices have been placed pursuant to the provisions of subsection C of this section.

E. The provisions of subsections B and C of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises.

F. No person shall have in his or her 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, upon any street or walkstreet, sidewalk or parkway, park, playground, the beach, or in any other public place, or in any place open to the patronage of the public which is not licensed for the consumption of such alcoholic beverage.

This subsection is enacted pursuant to the authority contained in California Business and Professions Code Section 25620(a), and shall not apply to individuals engaged in recycling. Any person violating any provision of this subsection shall be guilty of an infraction.  (Ord. 00-1209, §5, 12-12-00)

G. The above provisions of subsections A and F of this section shall not apply to fully enclosed city-owned public facilities (i.e., buildings) when a license has been obtained for the consumption of such liquor.

H. The above provisions of subsections A and F of this section shall not apply to outdoor city-owned public facilities when a license has been obtained for the consumption of such liquor and when a permit has been approved by the city council. Application for said permits may be made only by qualified nonprofit organization.

Guidelines for said permits shall be adopted by resolution of the city council and authority for permit issuance may be delegated to a particular department of the city. If permit issuance is delegated to a particular department of the city, appeal may be made to the city council and a hearing held thereon. The decision of the city council shall be final. (Ord. 94-1119 § 1, 1994: prior code § 21-23)

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9.04. 020    Nudity in public parks, playgrounds and beaches.

A. Definition of Park. The term "park" includes every public park, roadside rest areas, playground, zoological garden, ocean, beach or other recreational facility area, together with any parking lot, reservoir, pier, swimming pool, court, field, bridle path, train or other recreational facility or structure thereon, in the city.

B. Conduct Prohibited. Within the city, no person shall appear, bathe, sunbathe, walk or be in any public park, playground, beach or the waters adjacent thereto, in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any such person, or any portion of the breast at or below the upper edge of the areola thereof, of any such female person, is exposed to public view or is not covered by an opaque covering.

C. Exceptions.

1. This section shall not apply to children under the age of ten years.
2. This section shall not apply to live theatrical performances which are performed in a theater, concert hall, or other similar establishment located on public land. (Prior code § 21-32)

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9.04. 030    Display of books, magazines and other publications in locations other than newsracks.

A. Definitions. For the purpose of this section, the following words and phrases shall have the meanings as ascribed to them by this section:

1. "Matter" means any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines or materials.
2. "Person" means any individual, partnership, firm, association, corporation or other legal entity.
3. "Knowingly" means being aware of the character of the matter.
4. "Minor" means any natural person under eighteen (18) years of age.
5. "Harmful matter" means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.

B. Display of Harmful Matter. Every person who for commercial purposes displays by any means, or causes to be displayed by any means, or permits to be displayed by any means, in any business, other than a public place from which minors are excluded, any harmful matter, shall place upon the harmful matter a device commonly known as a "blinder rack" in front of the harmful matter, so that the lower two-thirds of the harmful matter is not exposed to view.

C. Minor need not view or gain control of material. To commit a violation of subsection B of this section, it is not required that a minor have actually viewed or physically gained control of any book, magazine, or other publication or matter as defined in subsection A(5) of this section.

D. Business Persons Responsible. The provisions of this chapter, with respect to the display, causing to be displayed or permitted to be displayed any book, magazine, or other publication as set forth in subsection A of this section, shall apply only to persons having proprietary interests in or managerial control of the ordinary and routine operation of the business wherein and at which time there occurs a violation of any of the provisions of this section.

E. Punishment. Every person who violates subsection B of this section is punishable by fine of not more than one thousand dollars ($1,000.00), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (Ord. 96-1155 § 23, 1996: Ord. 95-1125 § 1, 1995: prior code § 21-36)

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