[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR1002.35]



[Page 216-217]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

                        CHAPTER X--PRESIDIO TRUST

 

PART 1002_RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of 

Contents

 

Sec. 1002.35  Alcoholic beverages and controlled substances.



    (a) Alcoholic beverages. (1) The use and possession of alcoholic 

beverages within the area administered by the Presidio Trust is allowed 

in accordance with the provisions of this section.

    (2) The following are prohibited:

    (i) The sale or gift of an alcoholic beverage to a person under 21 

years of age, except where allowed by State law. In a State where a 

lower minimum age is established, that age limit will apply for purposes 

of this paragraph.

    (ii) The possession of an alcoholic beverage by a person under 21 

years of age, except where allowed by State law. In a State where a 

lower minimum age is established, that age will apply for purposes of 

this paragraph.

    (3)(i) The Board may close all or a portion of a public use area or 

public facility within the area administered by the Presidio Trust to 

the consumption of alcoholic beverages and/or to the possession of a 

bottle, can or other receptacle containing an alcoholic beverage that is 

open, or that has been opened, or whose seal is broken or the contents 

of which have been partially removed. Provided however, that such a 

closure may only be implemented following a determination made by the 

Board that:

    (A) The consumption of an alcoholic beverage or the possession of an 

open container of an alcoholic beverage would be inappropriate 

considering other uses of the location and the purpose for which it is 

maintained or established; or

    (B) Incidents of aberrant behavior related to the consumption of 

alcoholic beverages are of such magnitude that the diligent application 

of the authorities in this section and Sec. Sec. 1001.5 and 1002.34 of 

this chapter, over a reasonable time period, does not alleviate the 

problem.

    (ii) A closure imposed by the Board does not apply to an open 

container of an alcoholic beverage that is stored in compliance with the 

provisions of Sec. 1004.14 of this chapter.

    (iii) Violating a closure imposed pursuant to this section is 

prohibited.



[[Page 217]]



    (b) Controlled substances. The following are prohibited:

    (1) The delivery of a controlled substance, except when distribution 

is made by a practitioner in accordance with applicable law. For the 

purposes of this paragraph, delivery means the actual, attempted or 

constructive transfer of a controlled substance whether or not there 

exists an agency relationship.

    (2) The possession of a controlled substance, unless such substance 

was obtained by the possessor directly, or pursuant to a valid 

prescription or order, from a practitioner acting in the course of 

professional practice or otherwise allowed by Federal or State law.

    (c) Presence within the area administered by the Presidio Trust when 

under the influence of alcohol or a controlled substance to a degree 

that may endanger oneself or another person, or damage property or 

resources of the area administered by the Presidio Trust, is prohibited.