HomeMy WebLinkAbout1984-06-05; City Council; 7779; Prohibit Open Containers of Alchohic BeveragesI
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ABff_ 7779
MTG. 6/5/84
DEPT. POL ----
ORDINANCE TO PROHIBIT POSSESSION OF OPEN CONTAINERS CITY ATTY~--
OF ALCOHOLIC BEV~:AGES ON OR NEAR PREMISES WHERE CITY MGR._c,r_;,_
RECOMMENDED ACTION:
Introduce Ordinance No.3/7.J prohibiting possession of open containers of alcoholic
beverage on or near premises where liquor is sold.
ITEM EXPLANATION:
The Police Department consistently receives complaints of disturbances and unlawful
activity in and about several convenience stores and small markets in the city. The
complaints are often the result of individuals dri~king alcoholic beverages iti the
parking lots and adjacent sidewalks of the businesses and subsequently becoming
involved in fights and/or harassing passersby. This ordinance would give the Police
Department a tool that does not now exist and would result in the department I s
ability t0 respond and accommodate the complaints, which are most often made by the
store owners and employees.
FISCAL IMPACT:
No increased costs involved in enforcing the ordinance. A fine of $25 would be
imposed for each offense.
EXHIBITS:
Ordinance No. 3 I 7 3
Memorandum by Captain Vales
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-----------------...------/;-----,
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 ~ALE 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 Cod~ 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.
(b) As used in subdivision (a), "posted premises" means
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
p~~visions of subdivision (a) are applicable.
(c) The provisions of this section shall not apply to a
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.
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
adoption.
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-------------------------------------------';. -
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 11th_ day of _J_une _______ ,
1984, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 19th day of June , 1 984 by the -------
following vote, to wit:
AYES: Council ~rs Casler, lewis, Kulchfr1, Chick and Presex>tt
NOES: N:>ne
ABSEN'.i': N:>ne
ATTEST:
3
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MAY 18, 1984
TO: CHIEF VINC~JIMNO
FROM: Captain Ro~e~ales
ALCOHOLIC BEVERAGES IN OR NEAR PREMISES WHERE RETAIL SALES OCCUR
Penal Code Section 647-e authorizes a city to enact a local ordinance prohibiting
possession of an open container of alcoholic beverage on or near retail off-sale
licensee's premises. Specifically, the law provides and requires:
-Clearly posted notice that possession of open
alcoholic beverages is unlawful.
-Includes the parking lot immediately adjacent
to the business.
-Includes public sidewalks immediately adjacent
to the business.
The department continually receives complaints from nearby residents and owners/
employees of several convenience stores and small market in the city. The complaints
center around groups loitering in parking lots and the adjacent sidewalks of the
businesses. The individuals involved often harass customers and are uncooperative
with police who respond. The officers find that there is very little they can do
in most cases and the result is unhappy complainants who have legitimate problems.
Much of the time and particularly on weekends, there is a considerable amount of
drinking by the individuals we are contacting. Enactment of the attached ordinance
would enable us to take some enforcement action and dissuade those contacted from
continuing the conduct.
Personal contact was made with several business owners in the city who would be
impacted by the enactment of the ordinance. All supported the proposa1 with the
consensus being "the sooner, the better".
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