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HomeMy WebLinkAboutOrdinance No. 01-O9 Some ORDINANCE NO. 01-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 46 SECTION 46-380 AND 46-381 OF THE AZUSA MUNICIPAL CODE PERTAINING TO DRINKING AND POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS IN PUBLIC THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS : SECTION 1 . Chapter 46, Section 46-380 and 46-381 of the Azusa Municipal code are hereby amended to read as follows : Sec. 46-380 . Drinking in public. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Public place means any place to which the public is admitted or invited in the normal course of business, whether such place is open for business or not, but does not include any other private premises or private residence or any establishment where alcoholic beverages may be legally sold for consumption on the premises. (b) Prohibited. No person shall drink any liquid containing more than one-half of one percent of alcohol by volume in or upon any public street, highway, sidewalk, way, park, parkway, playground, swimming pool , public building or any other public place within the city, whether such person is or is not in or upon any automobile, bus, streetcar or inter-urban car, vehicle or conveyance . A violation of this section is punishable as an infraction. (c) Exemption. This section shall not apply to any park or building owned by the city where the council approves by motion or resolution the consumption of alcoholic beverages therein for a particular event or period of time upon finding that such use will not adversely affect the public health, safety or welfare . In granting such approval, the council may impose upon the applicant such conditions as are necessary or convenient to protect the public health, safety or welfare, including but not limited to conditions ensuring adequate insurance, indemnification, security, cleanup or compatibility with park or building purposes . Sec. 46-381. Possession of open containers of alcohol in public. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Public place means any place to which the public is admitted or invited in the normal course of business, whether such place is open for business or not, but does not include any other private premises or private residence or any establishment where alcoholic beverages may be legally sold for consumption on the premises . 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 notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of subdivision (c) are applicable . For purposes of this section signs shall be not less than 17 by 22 inches, with letters not less than 1 inch in height and state as follows: "No person in possession of any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or seal broken, or the contents of which have been partially removed, shall enter, be, or remain on any portion of the posted premises of, including the posted parking lot immediately adjacent to this business. California Penal Code 647e and Azusa Municipal Code 46-381" (b) Prohibited--Public Places. It is unlawful for any person to have in his possession any open bottle, can or other open container containing any alcoholic beverage, which beverage is more than one-half of one percent of alcohol by volume in or upon any street, alley, highway, sidewalk, way, park, parkway, playground, swimming pool, public building, any other city owned public place within the city, whether such person is or is not in or upon any automobile, bus, streetcar or inter-urban car, vehicle or conveyance. (c) Prohibited-- Private Premises. Further, 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 any portion of 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 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises . Any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code shall post the premises in such a manner as to clearly indicate to the patrons of the licensee, and to persons within the parking lot and on the public sidewalk immediately adjacent to the licenced premises that the provisions of this subdivision (c) are applicable . The provisions of this subsection (c) shall not apply to a private residential parking lot which is immediately adjacent to the posted premises . (d) Penalty. A violation of this section is punishable as an infraction. 2 (e) Exemptions. This section shall not apply to any park or building owned by the city which has been designated by the council by motion or resolution as a place in which the consumption of alcoholic beverages is authorized, either on a temporary or permanent basis . Further, subsection (b) shall not apply to any person possessing the empty alcoholic beverage container for the purpose of recycling or other related activity. PASSED AND APPROVED this 3rd .4- : December 001 . r z MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss . CITY OF AZUSA I, VERA MENDOZA, City Clerk of the City of Azusa do hereby certify that the foregoing Ordinance No. 01-09 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26 day of November , 2001 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3rd day of December , 2001, by the following vote, to wit : AYES : COUNCIL MEMBERS : HARDISON,STANFORD,ROCHA,CHAGNON,MADRID NOES : COUNCIL MEMBERS : NONE ABSENT: COUNCIL MEMBERS : NONE - 60 , CITY CLERK 3