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Is an open container in public an infraction or misdemeanor 21+ in Hermosa Beach CA

Hermosa Beach, CA |

I received an open container citation on new years eve. I was in public and near a trash can. the officer marked misdemeanor on the ticket. However I consulted an attorney and he said he's almost positive it's an infraction. The clerk at the traffic court where it's being handled said it's not a misdemeanor also. Should I pay the fine or try to fight it. Will it show up on my background check

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Attorney answers 1

Posted

Post the statute in which you where cited and I can tell you if it's a mis. or infraction.

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Asker

Posted

Under violations it says: 904010A 1G which might read as 9.04010A 1G Citation # is H392521

Christopher William Zander

Christopher William Zander

Posted

It's an infraction. 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)

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