HomeMy WebLinkAboutCC ORD 2006-2287 Adds Ch. 10.42, responsible beverage sales and services (10.42)ORDINANCE NO. 2006 — 2287
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADDING CHAPTER 10.48
TO THE NATIONAL CITY MUNICIPAL CODE RELATED
TO RESPONSIBLE BEVERAGE SALES AND SERVICE
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. Title 10 of the National City Municipal Code is hereby amended, by
adding Chapter 10.48 to read as follows:
Chapter 10.48
RESPONSIBLE BEVERAGE SALES AND SERVICES
Sections:
10.48.010 Definitions.
10.48.020 Manager and server training.
10.48.030 Abatement of nonconforming on -sale establishments.
10.48.040 Appeals.
10.48.050 Violations.
10.48.010 Definitions. As used in this section, the following definitions apply:
A. "On -sale establishment" means a facility providing the sale and service of
alcoholic beverages for consumption by guests on the premises (on -sale), including restaurant
dining areas where food service is the primary function and bars, in which the sale and
consumption of alcohol on the premises is the primary function. "Bar" includes those facilities
located within a hotel, motel or other similar transient occupancy establishment.
B. "Manager" means a person, regardless of the job title or description, who has
discretionary powers to organize, direct, carry on or control the operations of an on -sale
establishment, including a restaurant or bar. Authority to engage in one or more of the following
functions is prima facie evidence that a person is a manager of an on -sale establishment:
1. Hires or terminates employees;
2. Contracts for the purchase of furniture, equipment or supplies, except for
the occasional replenishment of stock;
3. Distributes funds of the business, except for the receipt of regularly
replaced items of stock.
4. Makes or participates in making policy decisions regarding operations of
the licensed business.
C. "Responsible Beverage Service Training Course" means a training program
recognized by the California Department of Alcoholic Beverage Control for on -sale management
and on -sale professional services.
10.48.020 Manager and server training.
A. No on -sale establishment may serve or sell alcoholic beverages unless a
manager who has completed a responsible beverage service training course is on the premises.
B. Every manager of an on -sale establishment must complete a responsible
beverage service training course within 90 days of hire, or by December 31 of the year of hire,
whichever is later.
Ordinance No. 2006 — 2287
October 3, 2006
Page 2
C. Every person who serves or sells alcoholic beverages for consumption by guests
on the premises of an on -sale establishment shall complete a Responsible Beverage Service
Training Course within 90 days of hire, or by December 31 of the year of hire, which is later.
D. A list of all persons who have completed the training required by this section shall
be maintained on the premises of the on -sale establishment and, together with the proof of such
completion, shall be provided to any police or other enforcement officer for inspection and
copying promptly upon request.
10.48.030 Abatement of nonconforming on -sale establishments. All on -sale
establishments in existence on the date of the effective enactment of this ordinance must
comply with the provisions of this Chapter no later than January 1, 2007.
10.48.040 Violations.
A. A violation of any provision of this ordinance or a failure to comply with any
mandatory requirements of this ordinance is subject to prosecution in accordance with Title 1 of
the National City Municipal Code and may be enforced through injunctive relief or other relief
available by law. Penalties for violations of the provisions of this ordinance may result in up to a
misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and
a $1,000 fine.
B. Administering departments will be authorized to charge cost recovery fees for
services provided under this ordinance. Cost recovery may also be recovered for equipment
and personnel expenses incurred. All penalties and related costs shall be credited to
"Responsible Beverage Service and Sales Regulation Fund," The fund shall be used
exclusively with the administration and enforcement of this ordinance.
PASSED and ADOPTED this 3rd day of October, 2006.
Nick Inzza, or
ATTEST:
Mich: el R. Della
City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
2006 Ordinance 2 Responsible Beverage Sales and Service
Passed and adopted by the Council of the City of National City, California, on
October 3, 2006, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Zarate.
Nays: lnzunza.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of Natignal City, California
City CI rk of the City o9National 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 September 19, and on October 3, 2006.
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. 2006-2287of the City Council of the City of National City, passed and
adopted by the Council of said City on October 3, 2006
City Clerk of the City of National City, California
By:
Deputy