HomeMy WebLinkAboutPD Open Container Ordinance PTPAgenda Item No: 4 c
Meeting Date: July 16, 2012
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SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police
Prepared by: Ralph Pata, Lieutenant
City Manager Approva )
SUBJECT: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.18
OF THE SAN RAFAEL MUNICIPAL CODE ENTITLED "ALCOHOLIC BEVERAGES",
CONCERNING REGULATION OF THE CONSUMPTION OF AN ALCOHOLIC BEVERAGE
AND THE POSSESSION OF AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE ON
CITY PROPERTY OR ON POSTED PRIVATE PROPERTY.
RECOMMENDATION: Staff recommends the Council adopt the Ordinance amending Chapter
8.18 of the San Rafael Municipal Code, entitled "Alcoholic Beverages", concerning the
regulation of the consumption of alcoholic beverages and possession of open containers of
alcoholic beverages on City property and posted private property.
BACKGROUND:
San Rafael Municipal Code Title 8, specifying regulations of "Morals and Conduct" within the
City of San Rafael, includes Chapter 8.18 which regulates "Alcoholic Beverages."
Staff recommends amendments to San Rafael Municipal Code Sections 8.18.010, 8.18.020,
8.18.030, and 8.18.050, and the deletion of San Rafael Municipal Code Section 8.18.040.
San Rafael Municipal Code Section 8.18.010(C) currently has a definition for "Open Container
of Alcoholic Beverages" which limits the containers to which it applies, and does not apply to a
substitute container into which an alcoholic beverage has been placed after removal from its
original container. These definition limitations have restricted the ability of the City's Police
Department to enforce the prohibitions on the possession of open containers of alcoholic
beverages on public property. The proposed amendment of Section 8.18.010(C) will use the
term "Open Container of an Alcoholic Beverage", and define that term to include all types of
containers, including substitute containers into which an alcoholic beverage has been placed.
FOR CITY CLERK ONLY
File No.: 0/ - l - �- q -- - 9 0
Council Meeting: q / Mb(2C>fI
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT 1 Pate: 2
San Rafael Municipal Code Section 8.18.020 currently prohibits the possession of open
containers on the posted premises of a retail package off -sale alcoholic beverage licensee and
adjacent parking lots, without using the defined term "Open Container of Alcoholic Beverages"
contained in Section 8.18.010(C). The proposed amendment of Section 8.18.020 will use the
defined term "Open Container of an Alcoholic Beverage". Section 8.18.020 also currently covers
public sidewalks adjacent to such posted licensee premises, but the proposed amendment of
this Section will eliminate public sidewalks from this Section since such sidewalks will be
included in the scope of amended Section 8.18.030.
San Rafael Municipal Code Section 8.18.030 currently prohibits the possession of an open
container of alcoholic beverages in city -owned parks, open space, and other adjacent City -
owned public places. The proposed amendment of Section 8.18.030 will expand the prohibition
on the possession of open containers to all City owned, leased or controlled public property,
including the grounds of City Hall, the Falkirk Mansion, any Community Center, and any City
street, sidewalk, pathway, lane, garage, parking structure, or plaza. The proposed amendment
of Section 8.18.030 also will incorporate the prohibition on the consumption of alcoholic
beverages on City property currently contained in Section 8.18.040, thereby allowing the
deletion of that Section.
San Rafael Municipal Code Section 8.18.040, currently prohibiting the consumption of alcoholic
beverages on public property, will be deleted since it will be made redundant by the
amendments to Section 8.18.030.
San Rafael Municipal Code Section 8.18.050 currently prohibits the consumption of alcoholic
beverages on posted parking lots and adjacent landscaped areas, located on private property
used for commercial purposes or containing 3 or more residential units, if those areas are open
and accessible to the public. The proposed amendment of Section 8.18.050 will expand the
prohibition to also include the possession of an open container of an alcoholic beverage on such
posted private parking lots and adjacent landscaped areas. In order for these prohibitions on
alcohol consumption and possession of an open container of an alcoholic beverage to apply to
such private parking lots and adjacent landscaped areas, the property owner must voluntarily
elect to post these areas with signs advising the public of these prohibitions.
ANALYSIS:
For the past year the San Rafael Police Department has been working with the San Rafael
Community Coalition, local businesses, and community groups to strengthen Chapter 8.18 of
the City's code regarding Alcoholic Beverages, and in particular the portions of that code
prohibiting the possession of open containers of alcoholic beverages. The Police Department
has examined models of open container ordinances in other cities, including the cities of
Richmond, Concord, Santa Clara and Davis, and has concluded that an expansion of the open
container provisions by the proposed amendments to the City's code in a manner similar to
these other city codes will be helpful. In addition, the Police Department believes that the other
proposed amendments to Chapter 8.18 will streamline enforcement of the Chapter 8.18
prohibitions on both the consumption of alcoholic beverages and the possession of open
containers of alcoholic beverages. These amendments will enhance enforcement options so
that behavior may be impacted before alcohol is unlawfully consumed. The Police Department
and staff believe that these amendments will positively impact our community's quality of life.
The proposed Ordinance adopting these amendments to Chapter 8.18 of the City's Code is
attached to this Agenda Report.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The proposed Ordinance includes a finding that the adoption of the amendments is exempt from
the California Environmental Quality Act (CEQA), as a project that clearly has no potentially
significant adverse environmental impacts.
FISCAL IMPACT:
The Fiscal impact from adoption of the proposed amendments to Title 8.18 of the City's Code is
unknown at this time. The amendments of Title 8.18 of the City's Code, and in particular the
expanded open container provisions, initially could entail some additional Police Department
staff time and possibly City Attorney's office time in educating the public regarding the
amendments and in Court proceedings to enforce those amendments. However, it is expected
that the demand for Police Department and City Attorney staff time in enforcement efforts will
diminish once the public becomes aware of the scope of these amendments. Moreover, it is
expected that in addition to improving the quality of life downtown, the enforcement of the
amendments will make it more attractive for businesses to attract and keep customers
downtown, ultimately resulting in positive fiscal impacts for the City.
ACTION REQUIRED:
Introduce Ordinance amending Title 8, Chapter 8.18 of the San Rafael Municipal Code, to
revise Sections 8.18.010, 8.18.020, 8.18.030, and 8.18.050 and to delete Section 8.18.040.
Attachments:
(1) Ordinance
(2) Public Hearing Notice
ORDINANCE NO 1906
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 8.18 OF THE SAN RAFAEL MUNICIPAL CODE
ENTITLED "ALCOHOLIC BEVERAGES", CONCERNING
REGULATION OF THE CONSUMPTION OF AN ALCOHOLIC
BEVERAGE AND THE POSSESSION OF AN OPEN
CONTAINER OF AN ALCOHOLIC BEVERAGE ON CITY
PROPERTY OR ON POSTED PRIVATE PROPERTY.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1.
Section 8.18.010 of Chapter 8.18 of the San Rafael Municipal Code is hereby amended to
revise the subsection C definition to read as follows:
"C. Open Container of an Alcoholic Beverage". The phrase "open container of an alcoholic
beverage" means a bottle, can, glass, jug, box, or other container of any type which contains
an alcoholic beverage, and that is either (1) an original container for that alcoholic beverage
that has been opened or has had a seal broken or has had the contents partially removed, or
(2) a substitute container for that alcoholic beverage into which the alcoholic beverage has
been placed.
17 &VA LI I:n►`i•>A
Section 8.18.020 of Chapter 8.18 of the San Rafael Municipal Code is hereby amended to
read in its entirety as follows:
8.18.020 Possession of Open Container of Alcoholic Beverage near Liquor Stores.
A. Prohibited Conduct. It shall be unlawful for any person to 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, who possesses an open container of an alcoholic beverage.
B. "Posted Premises" Defined. As used in Subsection A of this section, "posted
premises" means those premises which are subject to licensure under any retail package off -sale
alcoholic beverage license, and the parking lot immediately adjacent to the licensed premises, on
which visible signs indicate to the patrons of the licensee and to persons in the adjacent parking lot
that the provisions of Subsection A are applicable. This section only can be enforced on premises
which have been posted with such signs.
C. Posting of Signs Required. All retail package off -sale alcoholic beverage licensees
licensed pursuant to Division 9 of the Business and Professions Code to operate in the City shall
post such licensed premises with permanent signs which include language stating that possession of
any opened alcoholic beverage container in or outside the licensee's premises, including the
adjacent parking lot, is prohibited by law. Signs required to be posted pursuant to this section must
be clearly visible to: (1) patrons of the licensees, and (2) persons using the parking lot immediately
adjacent to the licensed premises. It shall be unlawful for any licensee to fail to acquire, post and
maintain signs pursuant to this provision.
DIVISION 3.
Section 8.18.030 of Chapter 8.18 of the San Rafael Municipal Code is hereby amended to
read in its entirety as follows:
8.18.030 Consumption of an Alcoholic Beverage or Possession of an Open Container of
an Alcoholic Beverage on City Public Property.
A. Prohibited Conduct. It shall be unlawful for any person to consume an alcoholic
beverage or to possess an open container of an alcoholic beverage in or upon any City park, open
space, playground, recreation area, or other public place, including but not limited to the grounds of
City Hall, the Falkirk Mansion, any Community Center, or any City street, sidewalk, pathway, lane,
alley, parking lot, garage, parking structure, plaza, or other City -owned, leased or controlled public
property.
B. Exceptions. This section shall not apply where the person's consumption of an
alcoholic beverage or possession of an open container of an alcoholic beverage occurs in any City
park or other public place for which the City has issued a permit or license to such person or to a
group which includes such person, that permits such consumption or possession.
DIVISION 4.
Section 8.18.040 of Chapter 8.18 of the San Rafael Municipal code is hereby deleted.
DIVISION 5_
Section 8.18.050 of Chapter 8.18 of the San Rafael Municipal Code is hereby amended to
read in its entirety as follows:
8.18.050 Consumption of an Alcoholic Beverage or Possession of an Open Container of
an Alcoholic Beverage on Parking Lots or Landscaped Areas on Private
Property.
A. It is unlawful for any person to consume an alcoholic beverage or to possess an
open container of an alcoholic beverage:
In or on parking lots located on private property used for commercial
purposes, that is open and accessible to the public.
10
In or on parking lots located on private property containing three (3) or
more residential units, that is open and accessible to the public.
In or on landscaped areas located on private property adjacent to parking
lots described in subsections (A)(1) and (2) of this section, or adjacent to
any City -owned, leased or controlled public property described in Section
8.18.030(A), that is 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 an
alcoholic beverage or the possession of any open container of an alcoholic beverage pursuant to
this section. The signs shall set forth the prohibition in substantially the following form:
"Consumption of an alcoholic beverage or possession of an open container of an
alcoholic beverage is prohibited in this parking lot, or in or upon landscaped areas
adjacent to this parking lot, or adjacent to any City sidewalk, street or other public
property. San Rafael Municipal Code Section 8.18.050."
C. The signs must be clearly visible to (1) persons coming onto the premises, (2)
persons using the parking lot, and (3) persons on the City sidewalk, street or other public
property immediately adjacent to the parking lot or the landscaped area. The signs shall be in a
form prescribed by the Police Chief and shall be no smaller than seventeen inches by twenty-two
inches in size, shall contain lettering at least one inch in height, and shall be mounted so that the
lower edge of the sign is at least four feet, and the top edge does not exceed seven feet, above the
ground. The property owners shall have sole responsibility for the construction and maintenance
of such signs.
D. Exceptions.
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 6.
The City Council finds that the code amendments adopted herein are exempt from the
requirements of the California Environmental Quality Act ("CEQA") under Section 15061(b)(3) of
the CEQA Guidelines, which exempts projects that clearly have no potentially significant adverse
environmental impacts.
DIVISION 7.
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 Ordinance.
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 8.
This Ordinance shall be published once, in full or in summary form, 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 effect thirty (30) days after its final passage. If published in summary form, the
summary shall also be published within fifteen (15) days after the adoption, together with the names
of those Councilmembers voting for or against same, in�arnStatq
wspaper of general circulation
published and circulated in the City of San Rafael, County of o California.
Y O. IHILLIPS, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No.1906 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 16th day of July, 2012 and ordered passed to print by
the following vote, to wit:
AYES: Councilmembers: Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller, Levine
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 6th day of August, 2012.
ESTHER BEIRNE, City Clerk
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
CONSIDERATION OF AN ORDINANCE AMENDING
CHAPTER 8.18 OF THE SAN RAFAEL MUNICIPAL CODE
ENTITLED "ALCOHOLIC BEVERAGES."
DATE/TIME: Monday, July 16, 2012 at 7:00 p.m.
LOCATION: City Council Chambers, 1400 Fifth Avenue, San Rafael, CA
PURPOSE: To receive public comments and consider amendments to Chapter
8.18 to the San Rafael Municipal Code entitled "ALCOHOLIC
BEVERAGES". Chapter 8.18 contains regulations regarding the
drinking of an alcoholic beverage and the possession of an open
container of an alcoholic beverage on public and private property in
the City. The City initiated amendments of Chapter 8.18 would
clarify and expand the scope of the regulations, including the
definition of "open container of an alcoholic beverage", and the
scope of public and private property on which the consumption of
an alcoholic beverage and possession of an open container of an
alcoholic beverage would be prohibited.
IF YOU CANNOT You may send a letter to Esther Beirne, City Clerk, City of San
ATTEND: Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You
may also hand deliver a letter prior to the meeting.
FOR MORE You may contact Lt. Ralph Pata, San Rafael Police
INFORMATION: Department, at (415) 485-5003, for more information,
Monday through Friday, 8:00 a.m. to 4:00 p.m.
SAN RAFAEL CITY COUNCIL
/s/ Esther Beirne
ESTHER BEIRNE
CITY CLERK, CITY OF SAN RAFAEL
(Please publish in the Marin Independent Journal on Friday, July 6, 2012.)
CITY OF SAN RAFAEL
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO. 4 c
DATE OF MEETING: July 16, 2012
FROM: Raffaello Pata
DEPARTMENT: Police
DATE: July 6, 2012
TITLE OF DOCUMENT:
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.18 OF THE SAN RAFAEL
MUNICIPAL CODE O#kWW ENTITLED "ALCOHOLIC BEVERAGES", CONCERNING REGULATION
OF THE CONSUMPTION OF AN ALCOHOLIC BEVERAGE AND THE POSSESSION OF AN OPEN
CONTAINER OF AN ALCOHOLIC BEVERAGE ON CITY PROPERTY OR ON POSTED PRIVATE
PROPERTY.
Department Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
AGENDA ITEM:
City Manager (signdture)
City Attorney (signaturey
