HomeMy WebLinkAboutCC ORD 2001-2186 Amends Ch. 10.30; repeals Ch. 10.31, regulation of alcoholic beverages in public venues and places (10.30)ORDINANCE NO. 2001 — 2186
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF
THE NATIONAL CITY MUNICIPAL CODE BY AMENDING
CHAPTER 10.30 REGULATING ALCOHOLIC BEVERAGES
AND REPEALING CHAPTER 10.31 REGULATING THE
CONSUMPTION OF ALCOHOLIC BEVERAGES
BE IT ORDAINED by the City Council of the City of National City that Title 10 of
the National City Municipal Code is amended as follows:
Section 1. That Chapter 10.31 is repealed.
Section 2. That Chapter 10.30 is amended in its entirety to read as follows:
CHAPTER 10.30
REGULATION OF ALCOHOLIC BEVERAGES
IN PUBLIC VENUES AND PLACES
Sections:
10.30.010 Purpose and intent.
10.30.020 Definitions.
10.30.030 Consumption or possession of open alcoholic beverage containers —
Prohibited in parks and adjacent public places.
10.30.040 Exception —City buildings within city parks.
10.30.050 Consumption or possession generally —Unlawful.
10.30.060 Consumption or possession in vehicles —Unlawful.
10.30.070 Required signage at licensed premises.
10.30.080 Violation —Penalty.
10.30.010 Purpose and intent. It is the purpose and intent of. the City Council to enact
regulations governing the consumption, use or possession of alcoholic beverages and open containers
in those areas that are not expressly regulated by the Business and Professions Code or Vehicle Code,
and which are thereby permissible for local regulation. The City Council finds and determines that
such local regulation is both reasonable and necessary in order to protect the public health, safety, and
welfare in those venues that impact the local citizenry.
10.30.020 Definitions. Within this Chapter 10.30, the following definitions shall apply:
A. "Alcoholic beverages", as defined by Business and Professions Code Section 23004,
means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol,
spirits, 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. "Open alcoholic beverage container" shall mean and include any can, bottle or other
receptacle containing an alcoholic beverage, which has been opened, or the seal of which has been
broken or removed, or the contents of which have been partially removed.
C. "Highway" is as defined by Vehicle Code Section 360, and means a way or place of
whatever nature, publicly maintained and open to the use of the public for purposes of vehicular
travel. A "highway" includes a street.
10.30.030 Consumption or possession of open alcoholic beverage container —Prohibited
in parks and adjacent public places. A. It is unlawful for any person in any city park or in any
adjacent city -owned public place to consume any alcoholic beverage or to possess an open alcoholic
beverage container.
B. The City Manager shall cause signs to be posted at each pedestrian and vehicle
entrance of a City park advising of this prohibition. Installation of signage shall not be a
prerequisite to enforcement or prosecution. v<
10.30.040 Exception City buildings within city parks. Notwithstanding the
provisions of Section 10.30.030, the City Council may allow the sale or use of alcoholic beverages
in a city -owned building located within a public park in conjunction with an application for a
temporary use permit pursuant to chapter 15.60.
10.30.050 Consumption or possession generally —Unlawful. It is unlawful for any
person upon any public street, sidewalk, alley, plaza, public parking lot, private parking lot open
to the public or any undeveloped area within the city limits to consume any alcoholic beverage or
to possess an open alcoholic beverage container without a permit duly issued by the City Manager.
10.30.060 Consumption or possession in vehicles —Unlawful. A. It is unlawful for
any person inside any vehicle not on a highway within the city limits to consume any alcoholic
beverage or to possess an open alcoholic beverage container.
B. Subsection A shall not apply to an open alcoholic beverage container that is
securely locked within a car trunk or locked exterior compartment of any other vehicle.
C. The provisions of this Section 10.30.060 are intended to apply only on private
property with public access; public parking lots; private parking lots open to the public; or on
undeveloped areas within the City limits.
10.30.070 Required signage at licensed premises. A. The owner, operator or
proprietor of any premises licensed by the Alcoholic Beverage Commission for the on -premises or
off -premises sale of alcoholic beverages shall post signs in compliance with the requirements and
specifications of Section 10.30.070B on each exterior wall of the licensed premises that faces a
vehicle parking lot, to read as follows:
2001 Ordinance
WARNING
It is unlawful to drink an alcoholic
beverage or to possess an open alcoholic beverage
container in public or in a public parking lot.
NCMC 10.30.050 and 10.30.060.
2
Title 10
Alcoholic Beverages
B. The sign required by Section 10.30.070A shall be a minimum of 18" in width and
24" in height, with black lettering at least 1" in height against a white background. One sign shall
be posted for each 50-foot portion of each facing wall. The bottom of the sign shall be at least 5
feet above the surface of the parking area. The Chief of Police may allow a variance from the
height and separation requirements when necessary due to site conditions.
C. The sign required by Section 10.30.070B is exempt from the sign regulations of
Title 18 of the National City Municipal Code.
D. Any ABC licensee who posts a sign under the provisions of Business and
Professions Code Section 25612.5(C) shall be exempt from the provisions of Section 10.30.070A.
10.30.080 Violation —Penalty. Violation of sections 10.30.030, 10.30.050 or
10.30.060 is a misdemeanor. Violation of any other mandatory provision of this Chapter 10.30 is
an infraction for a first violation, or for a second violation occurring within thirty (30) days of the
first violation; otherwise, a second or subsequent violation shall be charged as a misdemeanor.
Any violation shall carry the penalty prescribed by Section 1.20.010.
PASSED and ADOPTED this 19TH day of JUNE , 2001.
ATTEST:
Mic t ael R. Dal . City Clerk
APPROVED AS TO FORM:
J le":. air
George H. Eiser, III
City Attorney
2001 Ordinance
3
George H. aters, Mayor
Title 10
Alcoholic Beverages
Passed and adopted by the Council of the City of National City, California, on June 19, 2001, by
the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: GEIORGE H. WATERS
Mayor of the City of National City, California
City C erk of City
f National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
June 5, 2001, and on June 19, 2001.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2001-2186 of the City Council of the City of National City, passed and
adopted by the Council of said City on June 19, 2001.
City Clerk of the City of National City, California
By:
Deputy