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the provision means, then the provision must be “‘in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application.’”  (Acuna, supra, 14 Cal.4th at p. 1115.)  

We agree.  The danger described by Investigator Villanueva was that gang members would drink alcoholic beverages and consume narcotics out in the open in view of the public, thereby creating an intimidating atmosphere.  Plaintiff’s counsel argued that this is what the provision is intended to do.  Nevertheless, the language used is at least susceptible of a broader interpretation that would include the consumption of alcoholic beverages in restaurants or bars open to the public.  Under these circumstances, the provision does not provide adequate notice of what is prohibited, and violates due process.

Disposition

The order granting a preliminary injunction is reversed insofar as it requires compliance with the controlled substances provision, paragraph (1)(e); and the alcohol provision, paragraph (1)(f).  Nothing in this opinion is intended to suggest that plaintiff may not move the trial court to amend as appropriate paragraphs (1)(e) or (1)(f) of the preliminary injunction.  In all other respects, the order is affirmed.  The parties shall bear their own costs on appeal.  

           HULL         , J.

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