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HomeMy WebLinkAbout1984-06-19; City Council; 3173; CMC 8.44.030 add - Prohibit open alcoholic containers on/near alcohol retailers1 2 3 4 5 6 7 8 9 10 I1 13 2c 21 22 22 24 25 26 27 2E ORDINANCE NO. 3173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 8, CHAPTER 8.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 8.44.030 PROHIBITING POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES ON OR NEAR PREMISES WHERE RETAIL PACKAGE SALE OF ALCOHOLIC BEVERAGES OCCURS. The City Council of the City of Carlsbad does ordain as follows: SECTION 1: That Title 8, Chapter 8.44 of the Carlsbad Municipal Code is amended by the addition of Section 8.44.030 to read as follows: "8.44.030 Possession of open containers of alcoholic beverages on or near premises where liquor sold prohibited. (a) 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 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 person violating this section shall be guilty of an infraction and shall be punished as provided in Chapter 1.08 of this code. 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 (a) are applicable. private residential parking lot which is immediately adjacent to the posted premises, or to any premises which are not posted as provided in this section. (b) As used in subdivision (a), "posted premises" means (c) The provisions of this section shall not apply to a EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion. INTRODUCED AND FIRST READ at a regular meeting of the I :arlsbad City Council held on the 11th day of June 3 984, and thereafter PASSED AND ADOPTED at a regular meeting of said City Iounci1 held on the 19th day of June following vote, to wit: AYES : , 1984 by the Council Menkers Casler, LRwis, Kulchin, Chick and Prescott NOES: None ABSENT: None TTEST: LLIAzL A. /?mLL.&+& LETHA L. RAUTENKRANZ, City C1 27 28