HomeMy WebLinkAboutCC AG PKT 2006-09-25 #K
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AGENDA REPORT
REVISED
DATE:
September 25, 2006
TO:
Honorable Mayor and City Council
TIIRU:
John B. Bahorski, City Manager
FROM:
Lee Whittenberg, Director of Development Services
SUBJECT:
. Amendment to
ConsumptionlP,ossession
Places
Municipal Code re:
of Alcoholic Beverages in Public
SUMMARY OF REQUEST:
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Introduce Ordinance No. . An Ordinance of the City of Seal Beach Amending
Section 7.20.010 of the Seal Beach Municipal Code to Regulate the
Consumption/Possession of Alcoholic Beverages in Public Places.
BACKGROUND:
The Police Department has requested an additional amendment to the Municipal to
regulate the consumption/possession of alcoholic beverages in public places. Section
7.20.010 currently prohibits consumption of alcohol and possession of open alcoholic
beverage containers on public property. The proposed amendment would include private
parking lots, which are not currently regulated, The Police Department is requesting this
amendment to enforce alcoholic beverage possession regulations within private parking
lots, which has become an enforcement issue in certain locations within the City.
The City Attorney has added a third exemption that states "Private property where the
owner has provided consent." '
The proposed language for this amendment, including the revision by the City Attomey is set
forth within the proposed ordinance, provided as Attachment 1.
FISCAL IMPACT:
None,
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Agenda Item k
Z,IMy DocumentslCity Council\2006 Municipal Code Rovisi0ll2.CC S'affReportRevJsed.DOC\LW\09.20-06
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Revised City Co.."cll Staff Report
2006 Municipal Code Amendment-
Possession of Alcoholic Beverages in Public Places
Introduction ofOrdinOllce No. _
September 25, 2006
RECOMMENDATION:
Introduce Ordinance No. . An Ordinance of the City of Seal Beach Amending
Section 7.20.010 of the Seal Beach Municipal Code to Regulate the
ConsumptionIPossession of Alcoholic Beverages in Public Places,
~
e Whittenberg ,
~ ofDevclopmrert So ""
Attachments: (1)
Attachment 1:
Ordinance No. . An Ordinance of the City of Seal
Beach Amending Section 7.20.010 of the Seal Beach
Municipal Code to Regulate the ConsumptionIPossession
of Alcoholic Beverages in Public Places
2006 Mun.cipoJ Code Revision 2,CC StalfRepottRcvised
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Revised City CouncU Staff Report
2006 Municipal Code Amendment-
Possession of Alcoholic Beverages in Public Places
Introduction of Ordinance No. _
September 25, 2006
ATTACHMENT 1
ORDINANCE NO, , AN ORDINANCE
OF THE CITY OF SEAL BEACH
"AMENDING SECTION 7.20.010 OF THE
SEAL BEACH MUNICIPAL CODE TO
REGULATE THE CONSUMPTION!
POSSESSION OF ALCOHOLIC
BEVERAGES IN PUBLIC PLACES
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2006 Municipal Code Rcvisi0ll2.CC StaffReporlRcviscd
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Revised City Council Staff Report
2006 Municipal Code Amendment-
Possession of Alcoholic Beverages in Public Places
Introduction of Ordinance No.
September 25, 2006
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING SECTION 7.20.010 OF
THE SEAL BEACH MUNICIPAL CODE TO
REGULATE THE CONSUMPTION/
POSSESSION OF ALCOHOLIC BEVERAGES
, IN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN
AS FOLLOWS:
Section 1. Section 7.20.010 of Title 7 ("Public Peace, Morals and Welfare") of
the Seal Beach Municitlal Code is hereby amended to read as follows:
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"7.20.010
Consumption I Possession of Alcoholic Beverages in
Public Places.
A. Prohibitions. The following acts are prohibited on
City property, public and private parking lots and
parking facilities, and vacant lots:
1. Consumption of an alcoholic beverage.
2. Possession of any can, bottle or other
receptacle containing any alcoholic
beverage, which has been opened, or which
has had a seal broken, or the contents of
which have been partially removed.
B. Exemotions, Paragraph A shall not apply to
consumption of alcoholic beverages at the following
locations:
1. Premises licensed under the Alcoholic
Beverage Control Act.
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2006 Mumcipal Code Revisi0ll2 CC StsffRcport.Rcvisod
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Revised City CouncU SlIIff Report
2006 MlI1Iicipal Code Amendment-
Possession of Alcoholic Beverages in Public Places
Introduction of Ordinance No. _
September 25, 2006
2.
Events conducted pursuant to a special event
permit and licensed under the Alcoholic
Beverage Control Act.
3,
Private property where the owner has
provided consent."
Section 2. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this ordinance or any part thereof is for any reason held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this ordinance or any part
hereof. The ~ity Council of the City of Seal Beach hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
,2006,
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Mayor
CITY OF SEAL BEACH
ATTEST:
City Clerk
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2006 Municipal Code Rcvisi0ll2.CC SllffRcport.Rcvi,cd
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Revised City CouncU Staff Report
2006 Municipal Code Amendment-
Possession of Alcoholic Beveroges in Public Places
Introduction of Ordinance No. _
September 25, 2006
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing Ordinance is an original copy of Ordinance Number on me in the
office of the City Clerk, introduced at a meeting held on the day of
. 2006, and passed, approved and adopted by ~e City Council
of the City of Seal Beach at a meeting held on the day of
, . 2006 by the following vote:
AYES:
Councilmembers
NOES:
Councilmembers
ABSENT:
Councilmembers
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ABSTAIN: Councilmembers
and do hereby further certify that Ordinance Number has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836,
City Clerk
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2006 Municipal Code Revisi0ll2 CC StaffReportRevised
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