HomeMy WebLinkAbout2007-09-25; City Council; NS-860; Possession of open Alcoholic Beverages...16
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ORDINANCE NO. NS-860
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.44 OF THE
CARLSBAD MUNICIPAL CODE ADDING SECTIONS 8.44.040
4 AND 8.44.050 TO THE CARLSBAD MUNICIPAL CODE RELATING
TO POSSESSION OF OPEN ALCOHOLIC BEVERAGE
5 CONTAINERS AND CONSUMPTION OF ALCOHOLIC
BEVERAGES IN CERTAIN CITY OWNED PUBLIC PLACES; AND
6 ADDING A SEVERABILITY CLAUSE TO THIS CHAPTER
7 WHEREAS, the City of Carlsbad has received numerous complaints from neighbors
concerning cabarets, commercial and dining establishments that serve alcoholic beverages on site
8 and provide entertainment regarding excessive noise and disorderly conduct, including assault
and battery; and
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WHEREAS, the City has also received complaints from the owners and operators of
10 establishments serving alcoholic beverages and providing entertainment regarding persons
consuming alcoholic beverages in City owned public places and parks; and
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WHEREAS, the owner and operators of establishments serving alcoholic beverages and
12 providing entertainment are unable to regulate the activities of persons not in their establishments;
and
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WHEREAS, persons possessing any can, bottle, or other receptacle containing any
alcoholic beverage that has been opened, or seal broken, or the contents of which have been
partially removed or consumed in any City owned public place or park can contribute to excessive
noise levels and disorderly conduct detrimental to the peaceful, quiet use and enjoyment of
residents and businesses adjacent to City owned public places, including establishments that
provide alcoholic beverages and entertainment; and
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safety; and
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WHEREAS, the City desires to minimize acts that are a threat to the public health and
WHEREAS, California Business and Profession Code section 25620, as amended from
time to time, authorizes the City to enact an ordinance that prohibits persons possessing any can,
bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal
broken, or the contents of which has been partially removed in City owned public places and
parks; and21
WHEREAS, the City does not currently regulate the possession of alcoholic beverage
containers, consumption of alcoholic beverages or both possession and consumption of alcoholic
beverage in public places owned by the City commonly known V-R Village Redevelopment Zone
and Rotary Park; and
THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Chapter 8.44 of the Carlsbad Municipal Code is amended by adding sections
8.44.040 and 8.44.050 to read as follows:
It.
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Sections:
1 Chapter 8.44
ALCOHOLIC BEVERAGES
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8.44.050 Severability
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(a) No person shall possess any can, bottle, or other receptacle containing any Alcoholic
Beverage that has been opened, or a seal broken, or the contents of which have been partially
removed, nor shall any person consume any Alcoholic Beverage in any City owned public places
and park identified in this section as:
(1) Any public street, sidewalk, alley, highway or public parking lot in the City's V-R Village
8.44.040 Consuming or possessing an open container of alcoholic beverages in
certain public places and parks owned by the City is prohibited
Redevelopment Zone, as that zone is designated in Chapter 21.35 of this Code, as amended.
(2) Rotary Park located at 2900 block of Washington Street, bordered to the west by Washington
Street, bordered to the east by the west alley of State Street immediately east of the Atchison,
Topeka and Santa Fe Rail Road tracks, bordered to the south by Carlsbad Village Drive and
bordered to the north by Grand Avenue in the City of Carlsbad.
(b) Any of the prohibitions set forth in this section may be waived during a special event when a
special event permit requesting a waiver has been granted by the city manager or designee.
(c) This section does not apply when an individual is in possession of an alcoholic beverage
container for the purpose of recycling or other related activity.
8.44.050 Severability
14 If any section, subsection, sentence, clause or phrase of the ordinance codified in this Chapter is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance
codified in this Chapter. The City Council declares that it would have passed the ordinance
codified in this Chapter and each section, subsection, sentence, clause, and phrase hereof,
irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or
phrases hereof be declared invalid or unconstitutional.
18 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the City
19 Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a
20 newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 18th day of September, 2007, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 25th day of September, 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONAWR. BALL, City Attorney
ATTEST:
LpRRAINH M. WCpDjCity Cle
(SEAL)