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HomeMy WebLinkAboutOrdinance 1738 (Alcohol on Public Property)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1738 entitled: 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING SECTIONS 8.12.030, 8.12.220 & 8.12.230, AND ADDING CHAPTER 8.18 TO THE SAN RAFAEL MUNICIPAL CODE TO REGULATE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC AND CERTAIN PRIVATE PROPERTY" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 17th day of MAY, 1999, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 7th day of JUNE, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 11th day of JUNE, 1999. JEANNE ��.EONC%'I, ity Clerk ORDINANCE NO. 1738 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING SECTIONS 8.12.030, 8.12.220 & 8.12.230, AND ADDING CHAPTER 8.18 TO THE SAN RAFAEL MUNICIPAL CODE TO REGULATE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC AND CERTAIN PRIVATE PROPERTY. Whereas, in the past several years, the Police Department has had to respond to numerous public disturbances in private parking lots of multi -residential or commercial properties, caused primarily by excessive consumption of alcoholic beverages; and Whereas, currently there is no prohibition of the consumption of alcoholic beverages in the parking lots and adjacent public areas of private multi -residential or commercial properties; and Whereas, the Police Department would like to have authority to enter onto private parking lots of multi -residential or commercial properties when they observe in plain view, persons consuming alcoholic beverages in those areas and thereby prevent excessive alcoholic consumption which has led on past occasions to disturbances of the peace; and Whereas, the public health, safety and welfare would be served by the enactment of an ordinance regulating the consumption of alcoholic beverages on public property and on certain portions of private property. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1: Sections 8.12.030, 8.12.220, and 8.12.230 of the San Rafael Municipal Code are hereby repealed. DIVISION 2: Chapter 8.18, "Alcoholic Beverages," is hereby added to the San Rafael Municipal Code to provide as follows: ORIGINALO.'e. Chanter 8.18 ALCOHOLIC BEVERAGES Section 8.18.010 -- Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter: A. "Alcoholic Beveraee". The term "alcoholic beverage" means alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. B. "Consumption of Alcoholic Beveraees". The phrase "consumption of alcoholic beverages" and/or the phrase "consume an alcoholic beverage" means the drinking or other ingestion of an alcoholic beverage. C. "Open Container of Alcoholic Beverages". The phrase "open container of alcoholic beverages" means a bottle, can, glass or other receptacle or container of any type which contains alcoholic beverages and has been opened, or a seal broken, or the contents partially removed. D. "Open and Accessible to the Public". The phrase "open and accessible to the public" means open and available for members of the public to enter for some legitimate purpose. A secured, locked or completely enclosed area is not open and accessible to the public. E. "Private Landscaped Areas" and "Landscaped Areas". The phrases "landscaped area" and "private landscaped area" means areas of vegetation, rock, ornamentation or other artifact adjacent either to public streets and sidewalks, or to private parking lots, and located on private property used for commercial purposes or for residential purposes and containing three (3) or more units. F. "Parkins Lots". The phrase "parking lots" includes adjacent carports, passageways and staircases which are open and accessible to the public. 2 Section 8.18.020 - Possession of Oven Container of Alcoholic Beverage Near Liauor Stores. A. Prohibited Conduct. 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 premises of, including the posted parking lot immediately adjacent to, any retail package off -sale alcoholic beverage licensee licensed pursuant to Division 9 (Section 23000 et seq.) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating this section shall be guilty of an infraction. B. "Posted Premises" Defined. As used in Subdivision A., "posted premises" means those premises which are subject to licensure under any retail package off -sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible signs indicate to the patrons of the licensee and to persons in the adjacent parking lot or on the adjacent sidewalk, that the provisions of Subdivision A. are applicable. This section can only be enforced on premises which have been posted with such signs. C. Posting of Signs Reauired. All retail package off -sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business & Professions Code to operate in the City shall post such licensed premises with permanent signs which shall include language stating that possession of any opened alcoholic beverage container in or outside the licensee's premises, in the adjacent parking lot, or on adjacent sidewalks, is prohibited by law. Signs required to be posted pursuant to this section must be clearly visible to: (1) patrons of the licensees; (2) persons using the parking lot immediately adjacent to the licensed premises; and (3) persons on the public sidewalk immediately adjacent to the licensed premises. Any licensee who does not acquire, post and maintain signs pursuant to this provision is guilty of an infraction. 3 Section 8.18.030 -- Possession of Oren Container of Alcoholic Beverage in Citv Parks. A. Any person possessing any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which has been partially removed, in any city -owned park, open space, or other adjacent city -owned public place shall be guilty of an infraction. B. Exception. This section shall not apply to any person or group which has obtained a permit from the City's Director of Community Services. Section 8.18.040 -- Consumption of Alcoholic Beverages on Public Property. A. It shall be unlawful for any person to consume any alcoholic beverage in or on any public street, sidewalk, alley, highway, city park, city recreation area, city open space, playground, or other city -owned, leased or controlled property. B. Exception. This section shall not apply to any person or group consuming alcohol at a temporary event or entertainment for which a permit has been obtained from the appropriate City Department. Section 8.18.050 -- Consumption of Alcohol on Private Parking Areas. A. It shall be unlawful for any person to consume any alcoholic beverage: 1. In or on parking lots located on private property used for commercial purposes, and open and accessible to the public. 2. In or on parking lots located on private property containing three (3) or more residential units, and open and accessible to the public. 3. In or on landscaped areas located on private property adjacent to parking lots described in A.1. and A.2., or adjacent to public property described in Section 8.18.040(A), and open and accessible to the public. B. This section shall not be effective unless the property owners of particular private parking lots and landscaped areas post the premises with signs prohibiting the consumption of alcoholic beverages pursuant to this section. These signs must be clearly visible to persons in or on 4 the areas listed in Section A., above, and must clearly indicate that consumption of alcohol is prohibited. C. The signs required by this section shall state that consumption of any alcoholic beverage in the parking lot or landscaped area is prohibited by law. The signs must be clearly visible to (1) persons coming on to the premises, (2) persons using the parking lot, (3) persons on the sidewalk immediately adjacent to the parking lot or the landscaped area. D. Exceptions. 1. This section shall not apply to parking lots or landscaped areas which are not posted with signs pursuant to this section. 2. This section shall not apply to persons or groups who have obtained written permission of the property owner to consume alcoholic beverages on parking lots and landscaped areas. DIVISION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordi- nance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4: The City Council finds that the adoption and implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act in that the Council finds there is no possibility that the implementation of this ordinance may have significant effects on the environment. DIVISION 5: This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and A effect thirty (30) days after its final passage. BERT J. BOR 0,9ayor ATTEST: �JE M. LEON''Il�]I, ity Jerk The foregoing Ordinance No. 1738 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 11th day of MAY, 1999 and ordered passed to print by the following vote, to wit: AYES: Councilmembers : Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers : None ABSENT: Councilmembers : None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 7th day of JUNE '1999. APC - JE M. LEONC CityC�erk C.