HomeMy WebLinkAboutCC ORD 2017-2436 Amend Section 10.030.040 Regulation of Alcoholic Beverages in Public Venues and PlacesORDINANCE NO. 2017 — 2436
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING SECTION 10.30.040 OF THE NATIONAL CITY MUNICIPAL CODE
TO ESTABLISH THE CITY COUNCIL'S AUTHORITY TO GOVERN THE SALE
OR USE OF ALCOHOLIC BEVERAGES IN CITY -OWNED BUILDINGS
OPERATED AND CONTROLLED BY THIRD PARTIES, WITHIN A PUBLIC
PARK, THROUGH WRITTEN AGREEMENTS WITH THE CITY
WHEREAS, under the provisions of the City of National City Municipal Code,
Title 10, Chapter 10.30 — Regulation of Alcoholic Beverages in Public Venues and Places — "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" (Section
10.30.030); and
WHEREAS, Section 10.30.040 carves out an exception, allowing for the sale or
use of alcoholic beverages in such facilities "in conjunction with an application for a temporary
use permit pursuant to Chapter 15.60"; and
WHEREAS, it is proposed that Section 10.30.040 be amended to add and
exception to include the authority of the City Council to govern the sale and use of alcoholic
beverages in city -owned buildings within a park when such buildings are controlled and
operated by third parties through written agreement with the City; and
WHEREAS, similar to the temporary use permit provision, the amendment allows
for the ability to add specific provisions related to the sale and consumption of alcohol to the
written operating agreement for such buildings on a case -by -case basis.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City that Title 10, Section 10.30.040, of the National City Municipal Code is hereby
amended to read as follows:
Section 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. City -owned buildings which are operated
or leased by a third party, pursuant to a written agreement approved by the City Council, may
be allowed to serve or sell alcohol according to the terms as set forth in that written agreement,
and shall not be required to obtain a Temporary Use Permit pursuant to Chapter 15.60.
PASSED and ADOPTED this 2nd day of May, 20 2
R'bi
n Morrison, Mayor
ATTEST: I APPROVED AS TO FORM:
Michael R. Dalla, ty Clerk
Passed and adopted by the Council of the City of National City, California, on May 2,
2017 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of Natonal City, California
/i
City Clerk of the City 1 National City, California
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 April 18, 2017 and on May 2, 2017.
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. 2017-2436 of the City Council of the City of National City, passed
and adopted by the Council of said City on May 2, 2017.
By:
City Clerk of the City of National City, California
Deputy